GENERAL SCHOOL LAWS 
WXii 



STATE OF NEW YORK. 



PKEPARED BY THE 



SUPERIiNTENDENT OF PUBLIC mSTRUCTION 

PuESTJANT TO Chapter 252, Laws of 1878. 




• ALBANY. 
WEED, PARSONS AND COMPANY, PRINTERS. 

1878. 



/27S 



\ 

9i 



\ 



i 



i SCHOOL LAW. 



CHAP. 555. 

AN AOT to revise and consolidate the General Acts 
relating to Public Instruction. 

Passed May 2, 1864; three-fifths being present. 

Tlie People of the State of New Yor% rejpresenUd m 
Senate and Assembly, do enact as follotvs: 

TITLE I. 

OF THE SUPEEINTENDENT OE PUBLIC rNSTEUOTION, 
KES ELECTIOlSr AND GENEEAL POWEES AND DUTIES. 

Section 1. The office of state superintendent of pub- state super- 
lie instruction is continued, and the term of said office hisTiectlok 
shall be three years, commencing on a day after an omce!™**^ 
election thereto, and continuing until a successor 
shall have been duly elected. Such superintendent 
shall be elected by joint ballot of the senate and 
assembly, on the first Tuesday of April, one thousand 
eight hundred and sixty-five, and on the first Tues- 
day of April next after the occurrence of any 
vacancy in the office. 



ACT RELATING TO 



Deputy 
superin- 
tendent. 



Vacancy. 



Office in 
state hall. 



Salary. 



Clerk hire. 



Seal. 



Superin- 
tendent's 
ex-officio 
duties. 



§ 2. He shall appoint a deputy ; and, in case of a 
vacancy in the office of superintendent, the deputy 
may perform all the duties of the office until the day 
after the day hereinbefore fixed for an election by 
the senate and assembly. In case the office of both 
superintendent and deputy shall be vacant, the gov- 
ernor shall appoint some person to fill the office, until 
the superintendent shall be elected and assume it. 

§ 3. The superintendent's office shall continue to 
be in the state hall, and maintained at the expense 
of the state. 

"^1 4. His salary shall be five thousand dollars a 
year, payable quarterly, by the treasurer, on the 
warrant of the comptroller. 

t§ 5. He may appoint as many clerks as he may 
deem necessary, but the compensation of such clerks 
shall not exceed in the aggregate the sum of nine 
thousand dollars in any one year, and shall be pay- 
able monthly by the treasurer, on the warrant of 
the comptroller, and the certificate of the superin- 
tendent. 

§ 6. The seal of the superintendent, of which a 
description and impression are now on file in the of- 
fice of the secretary of state, shall continue to be 
his official seal, and when necessary may be renewed 
from time to time. Copies of all papers deposited or 
filed in the superintendent's office, and of all acts, 
orders and decisions made by him, and of the drafts 
or machine copies of his official letters, may be 
authenticated under the said seal, and when so au- 
thenticated, shall be evidence equally with and in 
like manner as the originals. 

:}:§ 7. The superintendent shall be ex-officio a trus- 
tee of Cornell University and of the New York 
State Asylum for Idiots, and a Regent of the Uni- 
versity of the State of New York. He shall also 
have general supervision over the State normal 
schools at Brockport, Bufialo, Cortland, Fredonia, 
Geneseo, Oswego and Potsdam, and over any other 
State normal schools which may hereafter be estab- 
lished ; and he shall provide for the education of 

* As amended by sec. 1, chap. 567, Laws of 1875. 
+ As amended by sec. 3, chap. 567, Laws of 1875. 
$ As amended by sec. 3, chap. 567, Laws of 1875. 



PUBLIC INSTEUOTION. ' 5 

the Indian children of the state, as required by 
chapter seventy- one of the laws of eighteen hundred 
and fifty-six. 

§ 8. The institution for the instruction of the deaf f°f L*"A*o"^ 
and dumb, the New York institution for the blind, and dumb, 
and all other similar institutions, incorporated, or ^^^'^^' ®*°" 
that may be hereafter incorporated, shall be subject 
to the visitation of the superintendent of public 
instruction, and it shall be his duty : 

1. To inquire, from time to time, into the expendi- 
tures of each institution, and the systems of instruc- 
tion pursued therein, respectively. 

2. To visit and inspect the schools belonging 
thereto, and the lodgings and accommodations of 
the pupils. 

3. To ascertain, by a comparison with other sim- 
ilar institutions, whether any improvements in in- 
struction and discipline can be made ; and for that 
purpose to appoint, from time to time, suitable per- 
sons to visit the schools. 

4. To suggest to the directors of such institution 
and to the legislature such improvements as he shall 
judge expedient. 

5. To make an annual report to the legislature on ^"Pf"^\ 
all the matters before enumerated, and particularly report\n-° 
as to the condition of the schools, the improvement '^^^"y- 
of the pupils, and their treatment in respect to board 

and lodging. 

*§ 9. All deaf and dumb persons resident in this Jl^ggfon 
state, between the ages of twelve and twenty -five "^ 
years, whose parent or parents, or, if an orphan, 
whose nearest friend shall have been resident in this 
state for three years immediately preceding the ap- 
plication, shall be eligible to appointment as state 
pupils, in one of the deaf and dumb institutions of 
this state, authorized by law to receive such pupils ; 
and all blind persons of suitable age and similar 
qualifications shall be eligible to appointment to the 
institutions for the blind in the city of New York, 
or in the village of Batavia, as follows : All such as 
are residents of the counties of New York, Kings, 
Queens, Suffolk and Richmond, shall be sent to the 

*As amended by sec. i, chap. 567, Laws of 1875. 



6 ACT RELATING TO 

institution for the blind in the city of New York ; 
those who reside in other counties of the state shall 
be sent to the institution for the blind in the village 
of Batavia. All such appointments with the ex- 
ception of those to the institution for the blind in 
the village of Batavia shall be made by the super- 
intendent of public instruction upon application, 
and in those cases in which, in his opinion, the parents 
or guardians of the applicants are able to bear a 
portion of the expense, he may impose conditions 
whereby some proportionate share of the expense 
of educating and clothing such pupils shall be paid 
by their parents, guardians or friends, in such man- 
ner and at such times as the superintendent shall des- 
ignate, which conditions he may modify from time to 
time, if he shall deem it expedient to do so. 
state pu- § 10. Each pupil so received into either of the institu- 
commoda- tious aforesaid shall be provided with board, lodging 
pensatfo^' ^^^ tuitiou ; and the directors of the institution shall 
etc. ' receive for each pupil so provided for, the sum of 
dollars per annum, in quarterly payments, 
to be paid by the treasurer of the state, on the war- 
rant of the comptroller, to the treasurer of said in- 
stitution, on his presenting a bill showing the actual 
time and number of such pupils attending the insti- 
tution, and which bill shall be signed by the presi- 
dent and secretary of the institution, and verified by 
Term of in- their oaths. The regular term of instruction for 
such pupils shall be five years ; but the superintend- 
ent of public instruction may, in his discretion, 
extend the term of any pupil for a period not ex- 
ceeding three years. The pupils provided for in 
this and the preceding section of this title shall be 
designated state pupils ; and all the existing pro- 
visions of law applicable to state pupils now in said 
institutions shall apply to pupils herein provided 
for. 

§ 11. The superintendent of public instruction 
may make such regulations and give such directions 
to parents and guardians, in relation to the admis- 
sion of pupils into either of the above named insti- 
tutions, as will prevent pupils entering the same at 
irregular periods. 



Btruction. 



PUBLIC INSTEUCTION. 7 

§ 12. The superintendent may, in his discretion, school 
appoint persons to visit and examine all or any of ^'^'*°^' 
the common schools in the county wherein such per- 
sons reside, and to report to him all such matters 
respecting their condition and management, and the 
means of improving them, as he shall prescribe ; but 
no allowance or compensation shall be made to such 
visitors for their services or expenses. 

§ 13. So often as he can, consistently with his f^Pf^jj^J'^o 
other duties, he shall visit such of the common schools visit the 
of the state as he shall see fit, and inquire into their Sois^ 
course of instruction, management and discipline, and 
advise and encourage the pupils, teachers and officers 
thereof. 

8 14. He shall submit to the legislature an annual Annual 

" , , . . '^ report. 

report containing : 

1. A statement of the condition of the common 
schools of the state, and of all other schools and 
institutions under his supervision, and subject to his 
visitation as superintendent. 

2. Estimates and accounts of expenditures of the 
school moneys, and a statement of the apportion- 
ment of school moneys made by him. 

3. All such matters relating to his office, and all 
such plans and suggestions for the improvement of 
the schools and the advancement of public instruc- 
tion in the state, as he shall deem expedient. 

*§ 15. He may grant under his hand and seal of J^*!^^®""- 
office a certificate of qualification to teach, and 
may revoke the same. While unrevoked, such 
certificate shall be conclusive evidence that the per- 
son to whom it was granted was qualified by moral 
character, learning and ability, to teach any com- 
mon school in the state. Such certificate may be 
granted to him only upon examination. He shall 
determine the manner in which such examination 
shall be conducted, and may designate proper per- 
sons to conduct the same, and report the result to 
him. He may also appoint times and places for 
holding such' examinations, at least once in each 
year, and cause due notice thereof to be given. He 
may also issue temporary licenses to teach, limited 

*As amended by sec. 5, chap. 567, Laws of 1875. 



ACT RELATING TO 



May annul 
certifi- 
cates. 



Lists of 

Eersons 
olding 
state cer- 
tificates 
and nor- 
mal school 
diplomas. 



Superin- 
tendent 
may re- 
move 
school 
commis- 
sioners. 



Shall pre- 
pare regis- 
ters, 
blanks, 
etc. 



to any scliool commissioner district or scliool district; 
and for a period not exceeding six months, when- 
ever, in his judgment, it may be necessary or expe- 
dient for him to do so. 

§ 16. Upon cause shown to his satisfaction, he may 
annul any certificate of qualification granted to a 
teacher by a school commissioner, or declare any 
diploma issued by the state normal school ineffective 
and null as a qualification to teach a common school 
within this state, and he may reconsider and reverse 
his action in any such matter. 

§ 17. He shall prepare and keep in his office alpha- 
betical lists of all persons who have received or shall 
receive, certificates of qualification from himself, or 
diplomas of the state normal school, with the dates 
thereof, and shall note thereon all annulments and 
reversals of such certificates and diplomas, with the 
date and causes thereof, together with such other 
particulars as he may deem expedient. 

§ 18. Whenever it shall be proven, to his satisfac- 
tion, that any school commissioner, or other school 
officer, has been guilty of any willful violation or 
neglect of duty under this act, or any other act per- 
taining to common schools, or of willfully disobeying 
any decision, order or regulation of the superintend- 
ent, the superintendent may, by an order under his 
hand and seal, which order shall be recorded in his 
office, remove such school commissioner or oth^r 
school officer from his office. 

§ 19. He shall prepare suitable registers, blanks, 
forms and regulations for making all reports and con- 
ducting all necessary business under this act, and 
shall cause the same, with such information and 
instructions as he shall deem conducive to the proper 
organization and government of the common schools 
and the due execution of their duties by school offi- 
cers, to be transmitted to the officers and persons 
intrusted with the execution of the same. 



commis- 
sioners. 



PUBLIC INSTEUCTION. 



TITLE 11. 

OF THE SCHOOL COMMISSIONERS, THEIR ELECTION, 
* POWERS AND DUTIES. 

Section 1. The office of school commissioner is school 
continued, and the present incumbents shall con- 
tinue in office in their respective districts, for the 
residue of the terms for which they were elected or 
appointed. 

§ 2. The districts as organized under existing laws school 
and as recognized in the election of school commis- skm^s^dis- 
sioners at the annual election in eighteen hundred t'^icts. 
and sixty-three, shall continue to be held and re- 
garded as the school commissioner districts in this 
state, except as the same shall be altered or modi- 
fied by the legislature. 

*§ 3. The school commissioner for each school How 
commissioner district shall be elected by the electors ®^®°*®'^ 
thereof, by separate ballot, at the general election in 
the year one thousand eight hundred and sixty-six, 
and triennial ly thereafter, and the ballots shall be 
indorsed "school commissioner." The laws regulat- 
ing the election of and canvassing the votes for 
county officers shall apply to such elections. And it county 
shall further be the duty of county clerks, and they cSy to 
are hereby required, as soon as they shall have offi- tg^lg'^f 
cial notice of the election or appointment of a school 
commissioner, for any district in their county, to 
forward to the superintendent of public instruction a 
duplicate certificate of such election or appointment 
attested by their signature and the seal of the 
county. 

§ 4. The term of office of such commissioner shall Term of 
commence on the first day of January next after his °®°® 
election, and shall be for three years, and until his 
successor qualifies. Every person elected to the oathof 
office, or appointed to fill a vacancy, must take the office, 
oath of office prescribed by the constitution, before 
the county clerk, or a judge of a court of record, 

*As amended by sec. 1, chap 406, Laws of 1867. 



10 ACT EELATING TO 

and file it with the county clerk, within ten days 
after the commencement of the term, or after notice 
of his appointment ; and if he omit so to do, the 
office shall be deemed vacant, 
commis- § 5. A commissioner may, at any time, vacate his 
?Sn.™^'^ office, by filing his resignation with the county clerk. 
His removal from the county, or his acceptance of 
the office of supervisor, town-clerk or trustee of a 
school district, shall vacate his office. 
How va- *§ 6. The county clerk, so soon as he has official 
offlc7Jf or other notice of the existence of a vacancy in the 
school office of commissioner, shall give notice thereof to 
si*oSer^^' the couuty judge, or, if that office be vacant, to the 
^^^^^' superintendent of public instruction. In case of a 
vacancy, the county judge, or, if there be no county 
judge, then the superintendent, shall appoint a com- 
missioner, who shall hold his office until the first of 
January succeeding the next general election, and 
until his successor, who shall be chosen at such gen- 
eral election, shall have qualified. A person elected 
to fill a vacancy shall hold the office only for the 
unexpired term. 
Salary of f § 7. Every school commissioner shall receive an 
cpm^mis- annual salary of eight hundred dollars, payable quar- 
$m^ terly, by the treasurer, on the warrant of the comp- 
troller and the certificate of the superintendent of 
public instruction, out of the income of the United 
States deposit fund appropriated to this purpose, or 
to the support of common schools. 

:J:§ 8. Whenever a majority of the supervisors 
from all the towns composing a school commissioner 
district shall adopt a resolution to increase the salary 
of their school commissioner, beyond the eight hun- 
dred dollars payable to him from the United States 
deposit fund, it shall be the duty of the board of 
supervisors of the county to give eflect to such reso- 
lution, and they shall assess the increase stated 
therein upon the towns composing such commis- 
sioner district, ratably, according to the corrected 
valuations of the real and personal estate of such 
towns. 

*As amended by sec. 1, chap. 647, Laws of 1865. 
+As amended by sec. 1, chap. 84, Laws of 1867. 
$As amended by sec. 6, chap. 567, Laws of 1875. 



PUBLIC INSTKUOTION. H 

■^§ 9. The board of supervisors shall annually audit commis- 
and allow to each commissioner within the county Ixp^elises 
the fixed sum of two hundred dollars for his expen- ^^^• 
ses, and shall assess and levy that amount annually, 
by tax upon the towns composing his district. 

§ 10. Whenever the superintendent of public in- f^PfgiJ^' 
struction is satisfied that a school commissioner has may with- 
persistently neglected to perform his duties, he may mfssion^' 
withhold his order for the payment of the whole or er's salary. 
any part of such commissioner's salary as it shall 
become due, and the salary so withholden shall be 
forfeited ; but the superintendent may remit the for- 
feiture, in whole or in part, upon the commissioner 
disproving or excusing such neglect. 

§ 11. A commissioner upon the written request of commis- 

, , " . . „ ■•-,.-. T 1 • . ^ sioner to 

the commissioners oi an adjoining district, may per- serve for 
form any of his duties for him, and upon require- ^°°*^^'" 
ment of the state superintendent of public instruc- 
tion must perform the same. 

§ 12. No school commissioner shall act as agent Not to act 
for any author, publisher or bookseller, nor directly fo/ffior 
or indirectly receive any gift, emolument, reward or ©r, etc!'^*^" 
promise of reward, for his influence in recommending 
or procuring the use of any book, or school appara- 
tus, or furniture of any kind whatever, in any com- 
mon school, or the purchase of any book for a district 
library. Any one who shall procure or solicit a vio- 
lation of this provision, or of any part thereof, shall 
be guilty of a misdemeanor ; and any such violation 
shall subject the guilty commissioner to removal from 
his office by the superintendent of public instruction. 

§ 13. Every commissioner shall have power, and Duties of 
it shall be his duty ; com°mis 

fl. From time to time to inquire and ascertain !!°'?g 
whether the boundaries of the school districts within di°tr?ct^^ 
his district are definitely and plainly described in feT^^^*^ 
the records of the proper town clerks ; and in case 
the record of the boundaries of any school district 
shall be found defective or indefinite, or if the same 
shall be in dispute, then to cause the same to be, 

*As amended by sec. 3, chap. 84, Laws of 1867. 
+As amended by sec. 7, chap. 567, Laws of 1875. 



12 



ACT EELATING TO 



To visit 
and exam- 
ine 
schools. 



Libraries, 
school- 
houses, 
etc. 



Studies. 



To direct 
trustees to 
make re- 
pairs. 



May direct 
abatement 
of nui- 
sance. 



To con- 
demn unfit 
school- 
nouses. 



amended, or an amended record of the boundaries 
to be made. All necessary expenses incurred in 
establishing such amended records shall be a charge 
upon the district or districts affected, to be audited 
and allowed by the trustee or trustees thereof, upon 
the certificate of the school commissioner. 

2. To visit and examine all the schools and school 
districts within his district as often in each year as 
shall be practicable ; to inquire into all matters rela- 
ting to the management, the course of study and 
mode of instruction, and the text-books and disci- 
pline of such schools, and the condition of the school- 
houses, sites, out-buildings and appendages, and of 
the district generally ; to examine the district libra- 
ries ; to advise with and counsel the trustees and 
other ofiicers of the district in relation to their 
duties, and particularly in respect to the construction, 
warming and ventilation of school-houses, and the 
improving and adorning of the school grounds con- 
nected therewith ; and to recommend to the trustees 
and teachers the proper studies, discipline and man- 
agement of the schools, and the course of instruction 
to be pursued. 

*3. Upon such examination, to direct the trustees 
to make any alteration or repair on the school-house 
or out-buildings which shall, in his opinion, be neces- 
sary for the health or comfort of the pupils, but the 
expense of making such alterations or repairs shall, 
in no case, exceed the sum of two hundred dollars, 
unless an additional sum shall be voted by the district. 
He may also direct the trustees to abate any nui- 
sance in or upon the premises, provided the same can 
be done at an expense not exceeding twenty-five 
dollars. 

^4. In concurrence with the supervisor of the town 
in which a school-house is situated, by an order under 
their hands, reciting the reason or reasons, to con- 
demn such school-house, if they deem it wholly unfit 
for use and not worth repairing, and to deliver the 
order to the trustees, or one of them, and transmit 
a copy to the superintendent of public instruction. 



*As amended by sec. 2, chap. 406, Laws of 1867 . 



PUBLIC INSTEUCTION. 13 

Such, order, if no time for its taking effect be stated May esti- 
m it, shall take effect immediately. Tliey shall also nec^lssa^ 
state what sum, not exceeding eight hundred dollars, school-^ 
will, in their opinion, be necessary to erect a school- house. 
house capable of accommodating the children of the 
district. Immediately upon the receipt of said order Trustee to 
the trustee or trustees of such district shall call a meetfnl!^^ 
special meeting of the inhabitants of said district, 
for the purpose of considering the question of build- 
mg a school-house therein. Such meeting shall have 
power to determine the size of said school-house, the 
material to be used in its erection, and to vote a tax 
to build the same ; but such meeting shall have no . 
power to reduce the estimate made by the commis- 
sioner and supervisor aforesaid by more than twenty- 
five, per cent of such estimate. And where no tax Trustee to 
for building such house shall have been voted by school- 
such district within thirty days from the time of j^eT^tax^*^ 
holding the first meeting to consider the question, fol^sameif 
then it shall be the duty of the trustee or trustees of nSct. 
such district to contract for the building of a school- 
house capable of accommodating the children of the 
district, and to levy a tax to pay for the same, which 
tax shall not exceed the sum estimated as necessary 
by the commissioner and supervisor as aforesaid, and 
which shall not be less than such estimated sum 
by more than twenty-five per cent thereof. But such 
estimated sum may be increased by a vote of the 
inhabitants at any school meeting subsequently 
called and held according to law. 

5. To examine persons proposing to teach common to exam- 
schools within his district, and not possessing the \fcense 
superintendent's certificate of qualification or a teachers. 
diploma of the state normal school, and to inquire 

into their moral fitness and capacity, and, if he find 
them qualified, to grant them certificates of qualifi- 
cation, in the forms which are or may be prescribed 
by the superintendent. 

6. To re-examine any teacher holding his or his Re-exam- 
predecessor' s certificate, and if he find him deficient '°'^ 

in learning or ability, to annul the certificate. 

7. To examine any charge affecting the moral to exam- 
character of any teacher within his district, first jneohar- 



14 ACT EELATING TO 

ges against gMiig such teacher reasonable notice of the charge, 
Anmir^ and an opportunity to defend himself therefrom ; and 
certifl- if he find the charge sustained, to annul the teacher's 
cates. certificate, by whomsoever granted, and to declare 
him unfi.t to teach ; and if the teacher held a certifi- 
cate of the superintendent, or a diploma of the state 
normal school, to notify the superintendent forth- 
with of such annulment and declaration. 

8. And, generally, to use his utmost infl.uence and 
most strenuous exertions to promote sound educa- 
tion, elevate the character and qualifications of 
teachers, improve the means of instruction and 
advance the interests of the schools under his super- 
vision, 
commis- § 14. Every school commissioner shall have power 
takeaffida- to take afiidavits and administer oaths in all matters 
vits. pertaining to common schools, but without charge 

or fee ; and, under the direction of the superintend- 
ent of public instruction, to take and report to him 
the testimony in any case of appeal. 
the'su^*er° § ^^' '^^^ commissiouers shall be subject to such 
intendent rules and regulations as the superintendent of public 
fnsFru'i-^ instruction shall, from time to time, prescribe ; and 
tion. appeals from their acts and decisions may be made 
To report to him, as hereinafter provided. They shall, when- 
annuaiiy, g^gj, thereto required by the superintendent, report 
to him, as to any particular matter or act, and shall 
severally make to him annually, up to the first day 
of October in each year, a report in such form, and 
containing all such particulars as he shall prescribe 
and call for ; and for that purpose shall procure the 
reports of the trustees of the school-districts from 
the town-clerks' offices, and after abstracting the 
necessary contents thereof, shall arrange and indorse 
them properly, and deposit them with a copy of his 
own abstract thereof, in the office of the county 
clerk ; and the clerk shall safely keep them. 



PUBLIC INBTEUOTIOK 15 



TITLE III. 

OF THE STATE AISTD OTHER SCHOOL MONEYS, THEIR 
APPORTIONMENT AND DISTRIBUTION, AND, HEREIN, 
OF TRUSTS AND GIFTS FOR THE BENEFIT OF COM- 
MON SCHOOLS. 

FIRST ARTICLE. 

Of the state school moneys and their apportion- 
ment hy the superintendent of public instruction, 
and payment to the county treasurers. 

^Section 1. There shall be raised by tax, in the state tax 
present and each succeeding year, upon the real and support of 
personal estate of each county within the state, one schools. 
mill and one-fourth of a mill upon each and every 
dollar of the equalized valuation of such estate, for 
the support of common schools in the State ; and 
the proceeds of such tax shall be apportioned and 
distributed as herein provided. 

§ 2. No clerk of any board of supervisors, or other cierk of 
person who shall make out the tax list or assess- superv?s- 
ment roll of any town, shall omit to include and°ot^>tt^ 
apportion among the moneys to be raised thereby j.^^'^^^^^^ 
the amount hereby required to be raised for the sup- scho^oftax. 
port of schools, by reason of the omission of the 
board of supervisors to pass a resolution for that 
purpose. 

t § 3. The moneys so raised shall be paid into the How mon- 
state treasury, and the treasurer may transfer them deposited. 
from one depository to another, by his draft, coun- 
tersigned and entered by the superintendent of 
public instruction. On the first working day of ^J^l^ ^^^^ 
each month the treasurer shall make to the superin- " ^^^^^ ' 
tendent of public instruction a written statement of 
the condition of the free school fund, showing the 
amount received and paid during the preceding 
month, and the balance remaining on hand. The 

*As amended by sec. 3, chap. 406, Laws of 1867. 
+As amended by sec. 8, chap. 567, Laws of 1875. 



16 



ACT RELATING TO 



Comptrol- 
ler may 
■withhold 
moneys 
from 
counties. 



Treasurer 
and super- 
intendent 
may bor- 
row mon- 
eys. 



State 

school 

moneys. 



bank in which such moneys are deposited shall fur- 
nish the superintendent of public instruction a book, 
in which the officers of such banks shall make entries 
of all sums deposited therein by the treasurer, from 
time to time, to the credit of said free school fund. 
No such money shall be paid out of the treasury 
except upon such warrant of the superintendent, 
countersigned by the comptroller, referring to the 
law under which it is drawn. The superintendent 
shall countersign and enter all checks drawn by the 
treasurer in payment of his warrants, and all receipts 
of the treasurer for such money paid to the treas- 
urer, and no such receipt shall be evidence of pay- 
ment unless it be so countersigned. 

*§ 4. The comptroller may withhold the payment 
of any moneys to which any county may be entitled, 
from the appropriation of the incomes of the school 
fund and the United States deposit fund for the sup- 
port of common schools, until satisfactory evidence 
shall be furnished to him that all moneys required by 
law to be raised by taxation upon such county, for 
the support of schools throughout the state, have 
been collected and paid or accounted for to the state 
treasurer ; and whenever, after the first day of March 
in any year, in consequence of the failure of any 
county to pay such moneys on or before that day, 
there shall be a deficiency of moneys in the treasury 
applicable to the payment of school moneys to which 
any other county may be entitled, the treasurer 
and superintendent of public instruction are hereby 
authorized to make a temporary loan of the amount 
so deficient, and such loan, and the interest thereon 
at the rate of twelve per cent per annum, until pay- 
ment shall be made to the treasury, shall be a charge 
upon the county in default, and shall be added to the 
amount of state tax, and levied upon such county by 
the board of supervisors thereof, at the next ensuing 
assessment, and shall be paid into the treasury in the 
same manner as other taxes. 

§ 5. The moneys raised by the state tax or bor- 
rowed as aforesaid to supply a deficiency thereof. 



*As amended by sec. 4, chap. 406, Laws of 1867. 



PUBLIC INSTRUOTIOJ^. 17 

and such portion of the income of the United States 
deposit fund as shall be appropriated, and the income 
of the common school fund, when the same are appro- 
priated to the support of common schools, constitute 
the state school moneys, and shall be divided and ^^°^^°^' 
apportioned by the superintendent of public instruc- superin- 
tion, on or before the twentieth day of January in *®°'^^°'- 
each year as follows : and all moneys so apportioned Applied to 
except the library moneys, shall be applied exclu- wages. 
sively to the payment of teachers' wages. 

^^ 6. He shall apportion and set apart from the in- united °^ 
come of the United States deposit fund so appro- states de- 
priated the amounts required to pay the annual and free"^' 
salaries of the school commissioners elected or elect- lund?^ 
ive under this act, to be drawn out of the treasury 
and paid to the several commissioners, as hereinbe- 
fore provided ; and he shall also apportion to each 
of the cities of the state, and to each of the incorpo- 
rated villages of the state having a population of 
five thousand and upwards, which, under a special 
act, employs a superintendent of common schools, 
or a clerk of the board of education, who does the 
duty of supervision, out of the income of the said 
fund, and if insufficient the deficiency out of the 
free school fund, so appropriated, the sum of eight 
hundred dollars, and in case any city is entitled to 
more than one member of assembly according to 
the unit of representation adopted by the legisla- 
ture, five hundred dollars for each additional mem- 
ber of assembly, to be expended according to law, 
for the support of the common schools of the city. 
He shall then set apart, from the income of the 
United States deposit fund, for and as library 
moneys, such sum as the legislature shall appro- 
priate for that purpose. He shall also set apart 
from the free school fund a sum not exceeding four 
thousand dollars for a contingent fund. He shall 
then set apart and apportion, for and on account of 
the Indian schools under his supervision, a sum 
which will be equitably equivalent to their propor- 
tion of the state school money, upon the basis of 
distribution established by this act, such sum to be 

*As amended by chap. 374, Laws of 1876. 



18 ACT EELATING TO 

wholly payable out of the proceeds of the state tax 
for the support of common schools. After deduct- 
ing the said amounts, he shall divide the remainder 
of the state school moneys into two parts, one to be 
one-third and the other to be two-thirds of such re- 
mainder, and shall apportion them as hereinafter 
specified. 
?°^ort/oQ- § ^* -^® shall apportion the one-third of the re- 
ment. maiuder equally among the school districts and 
cities from which reports shall have been received in 
accordance with law, as follows : 
Sctstore- "^^ entitle a district to a distributive portion or 
ceivedis- district quota, a qualified teacher, or successive 
trictquo- qualified teachers, must have actually taught the 
common school of the district, for at least the term 
of time hereinafter mentioned, during the last pre- 
one quota Ceding schoolyear. For every additional qualified 
quafmid teacher and his successors who shall have actually 
teacher, taught in said school during the whole of said 
term, the district shall be entitled to another distrib- 
utive quota ; but pupils employed as monitors, or 
Term of otherwise, shall not be deemed teachers. The 
school. aforementioned term, during the current school year 
shall be six months, and thereafter shall be twenty- 
eight weeks of five school days each, inclusive of 
New Year's day, Washington' s birthday, the fourth 
day of July, Christmas day, and any other day 
which shall be, by law, declared a holiday, which 
shall occur during the term. A deficiency not ex- 
ceeding three weeks during the current year, or in 
any subsequent year, caused by a teacher's attend- 
ance upon a teachers' institute within the county, 
shall be excused. 
Two^thirds g 8. Having so apportioned and distributed the 
ment. one-third, the superintendent shall apportion the two- 
thirds of the said remainder, and also the library 
moneys separately, among the counties of the state, 
according to their respective population, excluding 
Indians residing on their reservations, as the same 
shall appear from the last preceding state or United 
Apportion- States census; but as to counties in which are situ- 
plymen't ated cities having special school acts, he shall appor- 
to cities. -j-JQjj ^Q Q^^^Yi city the part to which it shall so appear 



PUBLIC INSTRUOTIOJ^. 19 

entitled, and to the residue of the county the part to 
which it shall appear to be so entitled. 'If the cen- 
sus according to which the apportionment should 
be made, does not show the sum of the population 
of any county or city, the superintendent shall, by 
the best evidence he can procure, ascertain and de- 
termine the population of such county or city at the 
time the census was taken, and make his apportion- 
ment accordingly. 

§ 9.. The superintendent shall apportion to each separate 
separate neighborhood which shall have duly re- homls!"'^" 
ported, such fixed sum as will, in his opinion, be 
equitably equivalent to its portion of all the state 
school moneys upon the basis of distribution estab- 
lished by this act ; such sum to be payable out of 
the contingent fund hereinbefore established. 

§ 10. Whenever any school district or separate superin- 
neighborhood shall have been excluded from partici- may ex* 
pation in any apportionment made by the super- fe^ct^mf' 
intendent, or by the school commissioners, by rea- make sup- 
son of its having omitted to make any report re- apl)™r5on- 
quired by law, or to comply with any other provis- °^®°'' 
ion of law, or with any rule or regulation made by 
the superintendent under the authority of law, and 
it shall be shown to the superintendent that such 
omission was accidental or excusable, he may, 
upon the application of such district or neighbor- 
hood, make to it an equitable allowance; and if the 
apportionment was made by himself, cause it to be 
paid out of the contingent fund; and, if the appor- 
tionment was made by the commissioners, direct 
them to apportion such allowance to it, at their 
next annual apportionment, in addition to any ap- 
portionment to which it may then Be entitled. 

§ 11. If money to which it is not entitled, or a Moneys ap- 
larger sum than it is entitled to, shall be apportioned fn g^cess'^ 
to any county, or part of a county, or school district, °J^7'^Yb" 
and it shall not have been so distributed or appor- th'e'Tupe/ 
tioned among the districts, or expended, as to make *°te°<ient. 
it impracticable so to do, the superintendent may 
reclaim such money or excess, by directing any officer 
in whose hands it may be, to pay it into the state 
treasury, to the credit of the free school fund ; and 



20 



ACT EELATINa TO 



Deficien- 
cies to be 
supplied 
by supple- 
mental ap- 
portion- 
ment. 



To certify 
to county 
clerk, trea- 
surer, com- 
missioner, 
etc. 



the state treasurer's receipt, countersigned by the 
superintendent, shall be his only voucher ; but if it 
be impracticable so to reclaim such money or excess, 
then the superintendent shall deduct it from the por- 
tion of such county, part of a county or district, in 
his next annual apportionment, and distribute the 
sum thus deducted^ equitably among the counties and 
parts of counties, or among the school districts in the 
state entitled to participate in such apportionment, 
according to the basis of apportionment in which 
such excess occurred. 

§ 12. If a less sum than it is entitled to shall have 
been apportioned by the superintendent to any 
county, part of a county or school district, the su- 
perintendent may make a supplementary apportion- 
ment to it, of such a sum as shall make up the defici- 
ency, and the same shall be paid out of the contin- 
gent fund, if sufficient, and if not, then the superin- 
tendent shall make up such deficiency in his next 
annual apportionment 

§ 13. As soon as possible after the making of any 
annual or general apportionment, the superintendent 
shall certify it to the county clerk, county treasurer, 
school commissioners and city treasurer or chamber- 
lain, in every county in the state ; and if it be a sup- 
plemental apportionment, then to the county clerk, 
county treasurer and school commissioners of the 
county in which the neighborhood or the school- 
house of the district concerned is situate. 

■*§ 14. The moneys so annually apportioned by 
the superintendent shall be payable on the first day 
of April next after the apportionment, to the treas- 
urers of the several counties and the chamberlain of 
the city of New York, respectively ; and the said 
treasurers and the chamberlain shall apply for and 
receive the same as soon as payable. 



*A3 amended by sec. 10, chap. 567, Laws of 1875. 



PUBLIC INSTEUOTIOK. 21 



SECOND AKTICLE. 

Of trusts for the benefit of common schools, and of 
town school funds, fi^nes, penalties and other 
moneys held or given for tJueir benefit. 

§ 15. Real and personal estate may be granted, Real and 
conveyed, devised, bequeathed and given in trust estlte"^ 
and in perpetuity or otherwise, to the state, or to frul^lor 
the superintendent of public instruction, for the sup- ^^^ q^®" 
port or benefit of the common schools within the mon 
state, or within any part or portion of it, or of any schools. 
particular common school or schools within it ; and 
to any county, or the school commissioner or com- 
missioners of any county, or to any city or any board 
or officers thereof, or to any school commissioner dis- 
trict or its commissioner, or to any town or supervisor 
of a town, or to any school district or its trustee or 
trustees, for the support and benefit of common 
schools within such county, city, school commissioner 
district, town or school district, or within any part or 
portion thereof respectively, or for the support and 
benefit of any particular common school or schools 
therein. 

§ 16. No sucli grant, conveyance, devise or bequest Ti^^jfj*.! ^°* 
shall be held void for the want of a named or com- ^Intot 
petent trustee or donee, but where no trustee or do^nelf ""^ 
donee, or an incompetent one is named, the title and 
trust shall vest in the people of the state, subject to 
its acceptance by the legislature, but such accept- 
ance shall be presumed. 

§ 17. The legislature may control and regulate the Legisia- 
execution of all such trusts ; and the superintendent cowroi 
of public instruction shall supervise and advise the f^tetrtfsts. 
trustees, and hold them to a regular accounting for gypg^in- 
the trust property and its income and interest, at tendent to 
such times, in such forms, and with such authentica- trustees to 
tions, as he shall from time to time prescribe. account. 

§ 18. The common council of every city, the board ^^f^ 
of supervisors of every county, the trustees of every aad^boards 
village, the supervisor of every town, the trustee or trustffi., 
trustees of every school district, and every other offi- Hl'l^nu'^' 



22 ACT RELATING TO 

cer or person who shall be thereto required by the 
superintendent of public instruction, shall, on or 
before the thirtieth day of September next, report to 
him whether any, and if any, what trusts are held by 
them respectively, or by any other body, oflS.cer or 
person, to their information or belief for school pur- 
poses, and shall transmit therewith an authenticated 
copy of every will, conveyance, instrument or paper 
embodying or creating the trust ; and shall, in like 
manner, forthwith report to him the creation and 
terms of every such trust subsequently created, 
and^schooi § ^^- ^^^^T supervisor of a town shall, by the 
lots. thirtieth day of September next, report to the super- 

intendent whether there be, within the town, any 
gospel or school lot, and, if any, shall describe the 
same, and state to what use, if any, it is put by 
the town ; and whether it be leased, and if so, to 
whom, for what term and upon what rents ; and 
whether the town holds or is entitled to any land, 
moneys or securities arising from any sale of such 
gospel or school lot, and the investment of the pro- 
ceeds thereof, or of the rents and income of such lots 
and investments, and shall report a full statement 
and account of such lands, moneys and securities. 
Moneys in § 20. Every supervisor of a town shall in like man- 
of^ove?-*^^ ner, by the thirtieth day of September next, report 
the'poor. ^o the Superintendent whether the town has a com- 
mon school fund originated under the " act relative to 
moneys in the hands of overseers of the poor," 
passed April 27, 1829, and, if it have, the full par- 
ticulars thereof, and of its investment, income and 
application, in such form as the superintendent may 
prescribe, 
superin- § 21. lu respect to the property and funds in the 
repor°to*° two last sectious mentioned, the superintendent shall, 
t^e^iegisia- at the next session of the legislature, and annually 
thereafter, include in his annual report a statement 
and account thereof. And, to these ends, he is 
authorized, at any time, and from time to time, to 
require from the supervisor, board of town auditors, 
or any officer of a town, a report as to any fact, or 
any information or account, he may deem necessary 
or desirable. 



PUBLIC INSTRUCTION. 23 

I 22. Whenever, by any statute, a penalty or fine Rename* 
is imposed for the benefit of common schools, and how pall 
not expressly of the common schools of a town or f^nedf""^ 
school district, it shall be taken to be for the benefit 
of the common schools of the county within which the 
conviction is had ; and the fine or penalty, when 
paid or collected, shall be paid forthwith into the 
county treasury, and the treasurer shall credit 
the same as school moneys of the county, unless the 
county comprise a city having a special school act, 
in which case he shall report it to the superintendent, 
who shall apportion it upon the basis of population 
by the last census, between the city and the residue 
of the county, and the portion belonging to the city 
shall be paid into its treasury. 

§ 23. Every district attorney shall report, annually. District at 
to the board of supervisors, all such fines and penal- report *° 
ties imposed in any prosecution conducted by him penlk"e*s 
during the previous year ; and all moneys collected t? super- 

T visors 

or received by him or by the sheriff, or any other 
officer, for or on account of such fines and penalties, 
shall be immediately paid into the county treasury, 
and the receipt of the county treasurer shall be a 
sufficient and the only voucher for such money. 

§ 24. Whenever a fine or penalty is infiicted or ^'°|^.f".^ 
imposed for the benefit of the common schools of a to \rhom 
town or school district, the magistrate, constable or ^^^^' 
other officer, collecting or receiving the same, shall 
forthwith pay the same to the county treasurer of 
the county in which the school-house is located, who 
shall credit the same to the town or district for 
whose benefit it is collected. If the fine or penalty 
be inflicted or imposed for the benefit of the com- 
mon schools of a city having a special school act, or 
of any part or district of a city, it shall be paid into 
the city treasury. 

§ 25. Whenever, by this or any other act, a pen- Penaitiei 
alty or fine is imposed upon any school district districts. 
officer for a violation or omission of official duty, or 
upon any person for any act or omission within a 
school district, or touching property or the peace 
and good order of the district, and such penalty or 
fine is declared to be for, or for the use or benefit of 



24 



ACT KELATmG TO 



Embezzle- 
ment, pen- 
alty for. 



the common schools of the town, or of the county, 
and such school district lies in two or more towns or 
counties, the town or county intended by the act shall 
be taken to be the one in which the school-house, or 
the school-house longest owned or held by the district 
is, at the time of such violation, act or omission. 

§ 26. Any district attorney, sheriff, justice of the 
peace, police justice or other magistrate or officer, 
who shall embezzle, or willfully withhold from or 
omit to pay into the county treasury any money 
received or collected in payment or satisfaction, in 
whole or in part, of any hne or penalty in the four 
last preceding sections mentioned, shall be guilty of 
a misdemeanor ; and any fine imposed upon a con- 
viction thereof shall be for the benefit of the common 
schools of the county. 



Appor- 
tionment 
of 

school mo- 
neys by 
commis- 
sioners. 

Library 
moneys. 

Shall set 
apart mon- 
eys special- 
ly appor- 
tioned by 
the super- 
intendent. 



Eeturn of 
unexpend- 
ed moneys 
by super- 
visors. 



THIRD ARTICLE. 

Of the apportionment of the state schools moneys, 
and of other schools moneys hy the school commis- 
sioners aad their payment to the supervisors. 

§ 27. The school commissioner, or commissioners 
of each county, shall proceed, at the county seat, on 
the third Tuesday of March in each year, to ascer- 
tain, apportion and divide the state and other school 
moneys as follows : 

1. They shall set apart any library moneys appor- 
tioned by the superintendent. 

2. From the other moneys apportioned to the 
county, they shall set apart and credit to each sepa- 
rate neighborhood and school district the amount 
apportioned to it by the state superintendent, and 
to every district which did not participate in the 
apportionment of the previous year, and which the 
superintendent shall have excused, such equitable 
sum as he shall have allowed to it. 

3. They shall procure from the treasurer of the 
county a transcript of the returns of the supervisors 
hereinafter required, showing the unexpended mon- 
eys in their hands applicable to -the payment of teach- 
ers' wages and to library purposes, and shall add 



PUBLIC INSTEUOTION. 25 

the whole sum of sucli moneys to the balance of the 
state moneys to be apportioned for teachers' wages. 
The amounts in each supervisor's hands shall be 
charged as a partial payment of the sums appor- 
tioned to the town for library moneys and teachers' 
wages respectively. 

4. They shall procure from the county treasurer f^fj^^trla* 
a full list and statement of all payments to him of urer of 
moneys for or on account of fines and penalties, or pealitres. 
accruing from any other source, for the benefit of 
schools and of the town or towns, district or districts 
for whose benefit the same were received. Such of 
said moneys as belong to a particular district, they 
shall set apart and credit to it •, and such as belong ^QrYioned 
to the schools of a town, they shall set apart and 
credit to the schools in that town, and shall appor- 
tion them together with such as belong to the 
schools of the county, hereinafter provided, for the 
payment of teachers' wages. 

5. They shall apportion the library moneys to the Appor- 
school districts and parts of school districts joint with onXary 
parts in any city or in an adjoining county, which ^cordfng 
shall be entitled to participate therein as hereinafter to number 
specified, in proportion to the number of children in dren.' " 
each between the ages of five and twenty-one years, 

as the same shall appear from the reports of the 
trustees for the last preceding school year. 

6. They shall apportion in like manner and upon Eemaining 
the same basis, until the apportionment of the year ^o^^ys- 
eighteen hundred and sixty-six, the remaining unap- 
portioned moneys among such school districts and 

2Darts of school districts. 

7. In the apportionment of eighteen hundred and ^®^f^*^ 
sixty-six, and in every subsequent apportionment, 

tiiey shall apportion one- half of such remaining 
unapportioned moneys, in the like manner and upon 
the same basis, among such school districts and parts 
of districts ; and the other half they shall apportion 
among such districts and parts of districts, in pro- 
portion to the average daily attendance of the pupils on average 
resident therein between the ages of five and twenty- tnce!*^' 
one years, at their respective schools during the last 
preceding school year. The average daily attendance 
4 



26 



ACT RELATING TO 



Attend- 
ance ascer- 
tained. 



Certifi- 
cates of 
apportion- 
ment. 



Certify to 
tiie super- 
visor. 



Erroneous 
apportion- 
ment, hiow 
remedied. 



What dis- 
trict enti- 
tled to 
public 
moneys. 



of the pupils is to be ascertained from the records 
thereof kept by the teachers, as hereinafter pre- 
scribed, by adding together the whole number of 
days' attendance of each and every such pupil in 
the district, or part of a district, and dividing the 
aggregate by the whole number of days the school 
was kept during the year. 

8. They shall then set apart to each town the 
moneys so set apart and apportioned to each sepa- 
rate neighborhood ; to each district the school-house 
of which is therein ; and to each part of a joint dis- 
trict therein the school-house of which is located in 
a city or in a town in an adjoining county. 

9. They shall sign, in duplicate, a certificate, show- 
ing the amounts apportioned and set apart to each 
separate neighborhood, school district and part of a 
district, and the towns in which they are situated, 
and shall designate therein the source from which 
each item of the aggregate to each district and town 
was derived ; and shall forthwith deliver one of said 
duplicates to the treasurer of the county and trans- 
mit the other to the superintendent of public instruc- 
tion. 

10. They shall certify to the supervisor of each 
town the amount of school moneys so apportioned 
to his town, and the portions thereof to be paid by 
him for library purposes and for teachers' wages, to 
each such distinct separate neighborhood, district 
and part of a district. 

§ 28. If in their apportionment, through any error 
of the commissioners, any district shall have appor- 
tioned to it a larger or a less share of the moneys 
than it is entitled to, the commissioners may in their 
next annual apportionment, with the approbation of 
the superintendent, correct the error by an equitable 
deduction from or augmentation of the share of such 
district. 

§ 29. No district or part of a district shall be enti- 
tled to any portion of such school moneys on such 
apportionment unless the report of the trustees for 
the preceding school year shall show that a common 
school was supported in the district and taught by 
a qualified teacher for such a term of time as would, 



PUBLIC INSTRUCTION. 27 

under section seven of this title, entitle it to a dis- 
tributive share under the apportionment of the super- 
intendent. 

§ 30. On receiving the certificate of the commis- f^Pfj^^^®""^ 
sioners, each supervisor shall forthwith make a copy aK)ortion- 
thereof for his own use, and deposit the original in flirthe"^ 
the office of the clerk of his town ; and the moneys original, 
so apportioned to his town shall be paid to him 
immediately on his compliance with the requirements 
of the next section, and not before. 

*§ 31. Immediately on receiving the commission- supervisor 
ers' certificate of apportionment, the county treas- bonds, 
urer shall require of each supervisor, and each 
supervisor shall give to the treasurer, in behalf of 
the town, his bond, with two or more sufficient sure- 
ties, approved by the treasurer, in the penalty of at 
least double the amount of the school moneys set 
apart or apportioned to the town, and of any such 
moneys unaccounted for by his predecessor, condi- 
tioned for the faithful disbursement, safe-keeping 
and accounting for such moneys, and of all other 
school moneys, that may come into his hands from 
any other source. If the condition shall be broken, 
the county treasurer shall sue the bond in his own 
name, in behalf of the town, and the money recov- 
ered shall be paid over to the successor of the super- 
visor in default, such successor having first given 
security as aforesaid. Whenever the office of a in case of 
supervisor shall become vacant, by reason of the offi,^"oV^ 
expiration of his term of service or otherwise, the supervisor 
county treasurer shall require the person elected or 
appointed to fill such vacancy to execute a bond, 
with two or more sureties, to be approved by the 
treasurer, in the penalty of at least double the sum 
of the school moneys remaining in the hands of the 
old supervisor, when the office became vacant, con- 
ditioned for the faithful disbursement, safe-keeping 
and accounting for such moneys. But the execution 
of this bond shall not relieve the supervisor from 
the duty of executing the bond first above men- 
tioned. 



*As amended by sec. 11, cliap. 567, Laws of 1875. 



28 ACT EELATING TO 

Refusal to § 32. The refusal of a supervisor to give sucli secu- 
rity amis- rity shall be a misdemeanor, and any hne imposed on 
demeanor, j^jg (jonviction thereof shall be for the beneht of the 
County common schools of the town. Upon such refusal, 
appofn™*^ the moneys so set apart and apportioned to the town 
shall be paid to and disbursed by some other officer 
or person to be designated by the county judge, 
under such regulations and with such safeguards as 
he may prescribe, and the reasonable compensation 
of such officer or person, to be adjusted by the board 
of supervisors, shall be a town charge. 



TITLE IV. 

OF THE DISBURSEMENT OE THE SCHOOL MONEYS BY 
THE SUPERVISORS, AND OF SOME OF THEIR SPECIAL 
POWERS, DUTIES AND LIABILITIES UNDER THIS ACT- 

supervis- SECTION 1. The seveial supervisors continue vested 
trustees^ ^^^^ ^^® powers and charged with the duties formerly 
gospel and vested lu and charged upon the trustees of the gospel 
lots!'' and school lots, and transferred to and imposed upon 
town superintendents of common schools by chapter 
one hundred and eighty-six, of the laws of one 
thousand eight hundred and forty-six; 
Powers § 2. The several supervisors continue vested with 

me^acts.^' the powers and charged with the duties conferred 
and imposed upon the commissioners of common 
schools by the act of eighteen hundred and twenty- 
nine, entitled "An act relative to moneys in the hands 
of overseers of the poor." 
Embezzle- § 3. A supervisor who shall embezzle or apply to 
Soneys^by his owu private use any money or security received 
supervis- ]-,y j^jjjj under any provisions of this act, including 
the two preceding sections of this title, shall be guilty 
of a misdemeanor, and any fine imposed upon a con- 
viction thereof shall be for the benefit of the common 
schools of the town. 
To make a § 4. On the first Tuesday of March in each year, 
mone" s'^in ^ach supervisor shall make a return in writing to the 
their county treasurer for the use of the school commis- 
sioners, showing the amounts of school moneys in 



PUBLIC mSTEUCTION. 29 

his hands not paid out on the orders of trustees for 
teachers' wages, nor drawn by them for library pur- 
poses, and the districts to which they stand accred- 
ited (and if no such money remain in his hands, he 
shall report that fact) ; and thereafter he shall not 
pay out any of said monej^s until he shall have 
received the certificate of the next apportionment ; 
and the moneys so returned by him shall be re-ap- 
portioned as hereinbefore directed. 

§ 5. Any supervisor who neglects to make the fo°ne^- 
said return, or shall make a false return, shall for- lect. 
feit twenty-five dollars, to be recovered by his suc- 
cessor in office, or if he be re-elected, by the county 
treasurer of the county in which the town lies, for 
the benefit of the common schools of the county. 

§ 6. It is the duty of every supervisor : supervis- 

*] . To disburse the school moneys in his hands, ors' duties, 
applicable to the payment of teachers' wages, upon 
and only upon the written orders of a sole trustee, 
or a majority of the trustees, in favor of qualified 
teachers, or upon the order of a trustee of a separate 
neighborhood in favor of any teacher of a school in 
an adjoining state, recognized by him and patron- 
ized by the inhabitants of such neighborhood. Such 
teacher shall be deemed a qualified teacher. 

t2. To disburse the library moneys upon, and 
only upon, the written orders of a sole trustee, or of 
a majority of the trustees. 

3. In the case of a union free school district, to 
pay over all the school money apportioned thereto, 
whether for the payment of teachers' wages, or 
as library moneys, to the treasurer of such district, 
upon the order of its board of education. 

4. To keep a just and true account of all the school 
moneys received and disbursed by him during 
each year, and to lay the same, with proper vouchers, 
before the board of town auditors at each annual 
meeting thereof. 

5. To have a bound blank book (the cost of which 
shall be a town charge), and to enter therein all his 
receipts and disbursements of school moneys, speci- 

*^ls amended by sec. 12, chap. 567, Laws of 1875. 
+As amended by sec. 13, chap. 567, Laws of 1875. 



30 ACT EELATING TO 

fying from whom and for what purposes they were 
received, and to whom and for what purposes they 
were paid out ; and to deliver the book to his suc- 
cessor in office. 

6. Within fifteen days after the termination of 
• his office, to make out a just and true account of 

all school moneys theretofore received by him and of 
all disbursements thereof, and to deliver the same 
to the town clerk, to be filed and recorded, and to 
notify his successor in office of such rendition and 
filing. 

7. So soon as the bond to the county treasurer, by 
the third article of the third title of this act required, 
shall have been given by him and approved by the 
treasurer, to deliver to his predecessor the treasurer' s 
certificate of these facts, to procure from the town 
clerk a copy of his predecessor's account, and to 
demand and receive from him any and all school 
moneys remaining in his hands. 

8. tJpon receiving such a certificate from his suc- 
cessor, and not before, to pay to him all school 
moneys remaining in his hands, and to forthwith 
file the certificate in the town clerk's office. 

9. By his name of office, when the duty is not 
elsewhere imposed by law, to sue for and recover 
penalties and forfeitures imposed for violations of 
this act, and for any default or omission of any 
town officer or school district board or officer under 
this act ; and after deducting his costs and ex- 
penses, to report the balances to the school commis- 
sioner. 

10. To act, when thereto legally required, in the 
erection or alteration of a school district, as in the 
sixth title of this act provided, and to perform any 
other duty which may be devolved upon him by 
this act, or any other act relating to common 
schools. 



PUBLIC INSTRUCTION. 31 



TITLE V. 

OF THE DUTIES OF THE TOWN CLERK UNDER THIS 

ACT. 

Section 1. It shall be the duty of the town clerk Duties of 
of each town : ^^^ 

1. Carefully to keep all books, maps, papers and 
records of his office touching common schools, and 
forthwith to report to the supervisor any loss of or 
injury to any of them which may happen. 

2. To receive from the supervisor the certificates 
of apportionment of school moneys to the town, and 
to record them in a book to be kept for that pur- 
pose. 

3. Forthwith to notify the trustees of the several 
school districts and separate neighborhoods, of the 
filing of each such certificate. 

*4. To see that the trustees of the school districts 
and separate neighborhoods make and deposit with 
him their annual reports within the time prescribed 
by law, and to deliver them to the school commis- Town 
sioner on demand ; and to furnish the school com- cierktore 
missioner of the school commissioner district in naLesof 
which his town is situated, the names and post-of- officers to 
fice address of the school district officers reported to gfJn^g®' 
him by the district clerks. 

5. To distribute to the trustees of the school dis- 
tricts and separate neighborhoods, all blanks and 
circulars which shall be delivered or forwarded to 
him by the state superintendent or school commis- 
sioner for that purpose. 

6. To receive from the supervisor, and record in a 
book kept for that purpose, the annual account of 
the receipts and disbursements of school moneys 
required to be submitted to the town auditors to- 
gether with the action of the town auditors thereon, 
and to send a copy of the account and of the action 
thereon, by mail, to the superintendent of public in- 
struction, whenever required by him, and to file and 
preserve the vouchers accompanying the account. 

*As amended by sec. 5, chap. 647, Laws of 1865. 



32 



ACT RELATING TO 



7. To receive and to record, in the same book, the 
supervisor's linal account of the school moneys 
received and disbursed by him, and deliver a copy 
thereof to such supervisor's successor in office. 

8. To receive from the outgoing supervisor, and 
file and record in the same book, the county treas- 
urer's certificate, that his successor' s bond has been 
given and approved. 

9. To receive, file and record the descriptions of 
the school districts and neighborhoods, and all 
papers and proceedings delivered to him by the 
school commissioner pursuant to the next title of 
this act. 

10. To act, when thereto legally required, in the 
erection or alteration of a school district, as in the 
next title of this act provided. 

*11. To receive and preserve the books, papers 
and records of any dissolved school district, which 
shall be ordered, as hereinafter provided, to be de- 
posited in his ofiice. 

12. To perform any other duty which may be de- 
volved upon him by this act, or by any other act 
touching common schools. 

§ 2. The necessary expenses and disbursements of 
the town clerk, in the performance of said duties, 
are a town charge, and shall be audited and paid as 
such. 

TITLE VI. 



Commis- 
sioner's 
duties in 
respect to 
school dis- 
tricts. 



OF THE FORMATION, DISSOLUTIOIST AND ALTERATION 
OF SCHOOL DISTRICTS AND SEPARATE NEIGHBOR- 
HOODS. 

Section 1. It shall be the duty of each school 
commissioner, in respect to the territory within his 
district : 

1. To divide it, so far as practicable, into a conve- 
nient number of school districts, and alter the same 
as herein provided ; 

2. In conjunction with the commissioner or com- 
missioners of an adjoining school commissioner dis- 

*0riginal sub-division 11 stricken out by sec. 18, chap. 647, Laws of 1865. 



PUBLIC INSTEUCTION. 33 

trict or districts, to set off joint districts composed of 
adjoining parts of their respective districts ; 

B. To set off by itself any neighborhood adjoining 
any other state of the Union, where it shall be found 
most convenient for the inhabitants to send their 
children to a school in such adjoining state; 

4. To describe and number the school districts, and 
joint districts, and to deliver, in writing, to the town 
clerk, the description and number of each district 
lying-in whole or in part in his town, together with 
ail notices, consents and proceedings relating to the 
formation or alteration thereof, immediately after 
such formation or alteration. Every joint district 
shall bear the same number in every school commis- 
sioner district of whose territory it is in part com- 
posed. 

6. To deliver to the town- clerk of the town in which 
it lies, in whole or in part, a description of each such 
separate neighborhood. 

*§ 2. With the written consent of the trustees of May alter 
all the districts to be affected thereby, he may, by ^fth^co^n- 
order, alter any school-district within his jurisdic- l^^^^°l^ 
tion, and fix, by said order, a day when the altera- 
tion shall take effect. 

t § 3. If the trustees of any such district refuse to 
consent, he may make and file with the town-clerk 
his order making the alteration, but reciting the 
refusal, and directing that the order shall not take 
effect, as to the dissenting district or districts, until 
a day therein to be named, and not less than three 
months after the notice in the next section mentioned. 

:}: § 4. Within ten days after making and filing such ]^^^<fifg^^J5 
order, he shall give at least a week' s notice, in writ- fusai of 
ing, to one or more of the assenting and dissenting the^altlra- 
trustees of any district or districts to be affected by sj.hoo°i-d1s- 
the proposed alterations, that at a specified time and tnct 
at a named place within the town in which either of 
the districts to be affected lies, he will hear the objec- 
tions to the alteration. The trustees of any district to 
be affected by such order may request the supervisor 



* As amended by sec. 5, chap. 406, Laws of 186Y. 
+ As amended by sec. 6, chap. 406, Laws of 1867. 
$ As amended by sec. 6, chap. 647, Laws of 1865. 

5 



34 ACT RELATING TO 

and town- clerk of the town or towns within which 
such district or districts shall wholly or partly lie, to 
be associated with the commissioner. At the time 
and place mentioned in the notice, the commissioner 
or th^ commissioners, with the supervisors and town- 
clerks, if they shall attend and act, shall hear and 
decide the matter ; and the decision shall be final, 
unless duly appealed from. Such decision must 
either confirm or vacate the order of the commis- 
sioner, and must be filed with and recorded by the 
town-clerk of the town or towns in which the district 
or districts affected shall lie. 
aupervisor § 5- The supervisor and town clerk shall be enti- 
cferk °^^ tied each, to one dollar and fifty cents a day, for each 
day's service in any such matter, to be levied and 
paid as a charge upon their town. 
Formatioa | 6. Whenever it may become necessary or conve- 
districts. nient to form a school district out of parcels of two 
or more school commissioner districts, the commis- 
sioners of such districts, or a majority of them, may 
form such district ; and the commissioners within 
whose districts any such school district lies or a ma- 
jority of them, may alter or dissolve it. 
or^di^soiu- § '''' ^^ ^ scliool commissiouer, by notice in writing, 
tion of a shall require the attendance of the other commis- 
dlstrict. sioner or commissioners, at a joint meeting for the 
purpose of altering or dissolving such a joint dis- 
trict, and a majority of all the commissioners shall 
refuse or neglect to attend, the commissioner or 
commissioners attending, or any one of them, may 
call a special meeting of such school district, for the 
purpose of deciding whether or no such district shall 
be dissolved ; and its decision of that question shall 
be as valid as though made by the commissioners. 
tum'^of^^" § 8. When two or more districts shall be consoli- 
districta. dated into one, the new district shall succeed to all 
the rights of property possessed by the annulled 
districts, 
to^sliir*^'''' *§ 9- When a district is parted into portions, 
property of whicli are annexed to other districts, its property 
dis-*^ ^ shall be sold by the supervisor of the town, within 



tricts. 



* As amended by sec. 14, chap. 567, Laws of 1875. 



PUBLIC INSTRUCTION. . 35 

which its school-house is situate, at public auction 
after at least five days' notice, by notices posted in 
three or more public places of the town in which the 
school house is, one of which shall be posted in the 
district so dissolved. The supervisor after deducting 
the expenses of the sale shall apply its proceeds to 
the payment of the debts of the district, and ap- 
portion the residue, if any, among the owners or 
possessors of taxable property in the district, in the 
ratio of their several assessments on the last corrected 
assessment roll or rolls of the town or towns, and 
pay it over accordingly. 

§ 10. The supervisor of the town within which the supervisor 
school-house of the dissolved district was situate, outsfand- 
may demand, sue for, and collect, in his name of eyl°^^°" 
office, any money of the district outstanding in the 
hands of any of its former officers, or any other per- 
son ; and after deducting his costs and expenses, 
shall report the balance to the school commissioner, 
who shall apportion the same equitably among the 
districts to which the parts of the dissolved district 
were annexed, to be by them applied as their dis- 
trict meetings shall determine. 

§ 11. Though a district be dissolved, it shall con- Dissolved 
tinue to exist in law, for the purpose of providing e^isun *° 
for and paying all its just debts; and to that end lawfor 
the trustees and other officers shall continue in office, of its™^'^ 
and the inhabitants may hold special meetings, elect ^^^^'^s- 
officers to supply vacancies, and vote taxes ; and all 
other acts necessary to raise money and pay such 
debts shall be done by the inhabitants and officers 
of the district. 

§ 12. The commissioner, or a majority of the com- Records, 
missioners in whose district or districts a dissolved deposited® 
school district was, shall by his or their order in 7ie^jj^°^° 
writing, delivered to the clerk of the district, or to 
any person in whose possession the books, papers 
and records of the district, or any of them, may be, 
direct such clerk or other person to deposit the same 
in the clerk's office in a town in the order named. 
Such clerk or otber person by neglect or refusal Penalty 
to obey the order, shall forfeit fifty dollars, to be f«"«f"«^'- 
applied to the benefit of common schools of said 



36 ACT KELATING- TO 

town. The commissioner or commissioners shall file 
a duplicate of the order with such clerk. 



TITLE VII. 

OF SCHOOL DISTRICT AND NEIGHBORHOOD MEET- 
INGS, AND OF THE CHOICE, DUTIES AND POWERS 
OF SCHOOL DISTRICT AND NEIGHBORHOOD OFFI- 
CERS. 

FIRST ARTICLE. 

Of school district and neigliborTiood meetings^ the 
"Goters and their powers generally. 

commis- SECTION 1. Whenever any school district or sepa- 
descrfbe° rate neighborhood shall be formed, the commis- 
tri^t and sioner or any one or more of the commissioners, 
time^^or^ within whose district or districts it may be, shall 
first meet- prepare a notice describing such district or neigh- 
^°^' borhood, and appointing a time and place for the 

first district or neighborhood meeting, and deliver 
such notice to a taxable inhabitant of the district or 
neighborhood. 
NotH3e of § 2. it shall be the duty of such inhabitant to 
meeting, notify every other inhabitant of the district or neigh- 
borhood, qualified to vote at the meeting, by read- 
ing the notice in his hearing, or in case of his ab- 
sence from home, by leaving a copy thereof, or so 
much thereof as relates to the time, place and object 
of the meeting, at the place of his abode at least six 
days before the time of the meeting. 
Notice of § 3. In case such meeting shall not be held, and 
meeting, in the opiuiou of the commissioner, it shall be neces- 
sary to hold such meeting before the time herein 
fixed for the first annual meeting, he shall deliver 
another such notice to a taxable inhabitant of the 
district or neighborhood, who shall serve it as here- 
inbefore provided, 
commis- § ^' Wb®^ ^^ clerk and all the trustees of a school 
si*on^may district shallhave removed from the district, or their 
meeting. officB shall be vacaut, so that a special meeting can- 



PUBLIC INSTEUOTION. 37 

not be called, as hereinafter provided, the commis- 
sioner may in like manner give notice of and call a 
special district meeting. 

§ 5. Every taxable inhabitant to whom a notice of f^^f^^ ^, 
any district meeting shall be delivered for service, to give"^^ 
pursuant to any provision of this article, who shall °°"«®- 
refuse or neglect to serve the same, as hereinbefore 
prescribed, shall forfeit five dollars for the benefit of 
the district. 

*§ 6. A special district meeting shall be held when- special 
ever called by the trustees. The notice thereof shall ™^®*^°^''- 
state the purposes for which it is called and no busi- 
ness shall be transacted at such special meeting, 
except that which is specified in the notice ; and 
the district clerk, or if the ofiBce be vacant, or he be 
sick or absent, or shall refuse to act, a trustee or 
some taxable inhabitant, by order of the trustees, 
shall serve the notice upon each inhabitant of the 
district qualified to vote at district meetings, at least 
five days before the day of the meeting, in the man- 
ner prescribed in the second section of this title. 
But the inhabitants of any district may, at any 
annual meeting, adopt a resolution prescribing some 
other mode of giving notice of special meetings, 
which resolution and the mode prescribed thereby 
shall continue in force until rescinded or modified 
at some subsequent annual meeting. 

§ 7. The proceedings of no neighborhood or dis- proceed- 
trict meeting, annual or special, shall be held illegal gxcepua 
for want of a due notice to all the persons quali- case of 
fied to vote thereat, unless it shall appear that neglect.^" 
the omission to give such notice was willful and 
fraudulent. 

t § 8. The annual meeting of each neighborhood Time of 
shall be held on the second Tuesday of October in me°etfng in 
each year, at the hour and place fixed by the last goo^^*^"^' 
previous neighborhood meeting ; or, if such hour Holding 
and place has not been so fixed, then at the hour school 
and place of such last meeting ; or if such place be meeting, 

* As amended by sec. 15, chap. 567, Laws of 1875. 
+ As amended by sec. 7, chap. 647, Laws of 1865. 



38 ACT KELATING TO 

no longer accessible, then at such, other place as the 
trustees, or if there he no trustees, the clerk shall in 
the notices designate. 

*§ 9. An annual meeting of each school district 
shall be held on the second Tuesday of October in 
each year, and unless the hour and the place there- 
for shall have been fixed by the vote of a previous 
district meeting, the same shall be held in the school- 
house at seven o'clock in the evening. If a district 
possesses more than one school-house, it shall be 
held in the one usually employed for that purpose, 
unless the trustees designate another. If the dis- 
trict possesses no school-house, or if the school- 
house shall be no longer accessible, then the annual 
meeting shall be held at such place as the trustee, 
or if there be no trustee, the clerk shall designate, 
in the notice. 
Procedure § ^^- Whenever the time for holding the annual 
^henjhe meeting in school districts shall pass without 
meetfng such meeting being held in any district, a special 
been held, meeting shall thereafter be called by the trustees or 
by the clerk of such district, for the purpose of 
transacting the business of the annual meeting ; 
and if no such meeting be called by the trustees 
or the clerk within twenty days after such time 
shall have passed, the supervisor or the superintend- 
ent of public instruction may order any inhabitant 
of such district to give notice of such meeting in 
the manner provided in the second section of this 
title, and the officers of the district shall make to 
such meeting the reports required to be made at the 
annual meeting, subject to the same penalty in case 
of neglect ; and the officers elected at such meet- 
. ing shall hold their respective offices only until the 
next annual meeting and until their successors are 
elected and shall have qualified as in this act pro- 
vided. 

§ 11. Whenever any district or neighborhood 
meeting shall be duly called, it shall be the duty 
of the inhabitants qualified to vote thereat to as- 
semble at the time and place fixed for the meet- 
ing^ 

* As amended by sec. 16, chap. 567, Laws of 1875. 



PUBLIC mSTEUOTION. 39 

*§ 12. Every male person of full age residing in any voters; 
neighborhood or school district, and entitled to hold qulnflca- 
lands in this state, who owns or hires real property ^Q^^- 
in such neighborhood or school district liable to tax- 
ation for school purposes, and every resident of 
such neighborhood or district authorized to vote at 
town meetings of the town in which he resides, who 
has permanently residing with him a child or chil- 
dren of school age, some one or more of whom shall 
have attended the district school for a period of at 
least eight weeks within one year preceding, or who 
owns any personal property liable to be taxed for 
school purposes in any such district, exceeding 
fifty dollars in value, exclusive of such as is exempt 
from execution, and no other shall be entitled to 
vote at any school meeting held in such neighbor- 
hood or district. 

§ 13. If any person offering to vote at any neigh- Unquaii- 
borhood or school district meeting shall be dial- ^^'^^°*®^®' 
lenged as unqualified, by any legal voter in such 
neighborhood or district, the chairman presiding at 
such meeting shall require the person so offering, to 
make the following declaration : " I do declare and 
affirm that I am an actual resident of this school 
district (or separate neighborhood), and that I am 
qualified to vote at this meeting." And every per- 
son making such declaration shall be permitted to 
vote on all questions proposed at such meeting ; but 
if any person shall refuse to make such declaration, 
his vote shall be rejected. 

§ 14. Any person who, upon being so challenged, niegai vot 
shall willfully make a false declaration of his right °^'^ °' 
to vote at any such meeting, shall be deemed guilty 
of a misdemeanor, and punished by imprisonment 
in the county jail for not less than six months nor 
more than one year. And any person not qualified 
to vote at any such meeting, who shall vote thereat, 
shall thereby forfeit five dollars, to be sued for by the 
supervisors for the benefit of the common schools 
of the town. 



♦As amended by sec. 7, chap. 406, Laws of 1867. 



40 



ACT EELATING TO 



Powers of 
neighbor- 
hood 
meeting. 



Powers of 

district 
meeting. 



Tax for 
sites, etc. 



Tax for ap- 
paratus 
and text- 
books. 



§ 15. The inhabitants of any neighborhood enti- 
tled to vote, when assembled in any annual meeting 
or any other neighborhood meeting duly called by 
the commissioner, pursuant to the first or third sec- 
tions of this title, shall have power by a majority of 
the votes of those present : 

1. To appoint a chairman for the time being. 

2. To choose a neighborhood clerk and one trus- 
tee, and to fill vacancies in office. 

§ 16. The inhabitants so entitled to vote, when duly 
assembled in any district meeting, shall have power, 
by a majority of the votes of those present : 

1. To appoint a chairman for the time being. 

2. If the district clerk be absent, to appoint a clerk 
for the time. 

3. To adjourn from time to time, as occasion may 
require. 

* 4. To choose one or three trustees as hereinafter 
provided, a district clerk, a district collector, a libra- 
rian, at their first meeting, and so often as such offices 
or any of them become vacated, except as hereinaf- 
ter provided. 

5. To fix the amount in which the collector shall 
give bail for the due and faithful performance of the 
duties of his office. 

6. To designate a site for a school-house, or, with 
the consent of the commissioner or commissioners 
within whose district or districts the school district 
lies, to designate sites for two or more school-houses 
for the district. 

f 7. To vote a tax upon the taxable property of the 
district to purchase, lease or improve such site or 
sites, and to hire, build or purchase such school- 
houses, and to keep in repair and furnish the same 
with necessary fuel and appendages. 

8. To vote a tax, not exceeding twenty-five dollars 
in any one year, for the purchase of maps, globes, 
blackboards, and other school apparatus, and for 
the purchase of text- books and other school neces- 
saries for the use of poor scholars of the district. 

♦Note. In relation to election of trustees in districts having over 300 
children of school age, see chapter 348, Laws of 1878, in the appendix. 
+ As amended by sec. 17, chapter 567, Laws of 1875. 



PUBLIC mSTEUCTION. 41 

* 9. To vote a tax, not exceeding ten dollars in any Taxfor 
one year, for the purchase of such books as they ^^^llf 
shall direct for the district library, and such further 
sum as they may deem necessary for the purchase of 
a book-case. 

10. To vote a tax to supply a deficiency in any jor 
former tax, arising from such tax being, in whole or ^ °i®°cy- 
in part, uncollectible. 

11. To authorize the trustees to cause the school- ^°^^^^°^f 
house or school-houses, and their furniture, append- house.*^°' 
ages and school apparatus to be insured by any insur- 
ance company created by or under the laws of this 

state. 

12. To alter, repeal and modify their proceedings 
from time to time, as occasion may require. 

13. To vote a tax for the purchase of a book for 
the purpose of recording their proceedings. 

14. To vote a tax to replace moneys of the district, 
lost or embezzled by district officers ; and to pay the 
reasonable expenses incurred by district officers in 
defending suits or appeals brought against them for 
their official acts, or in prosecuting suits or appeals 
by direction of the district against other parties. 

15. To vote a tax, not exceeding twenty-five dol- Tax for 
lars in each year, for anticipated deficiencies or cfe^?"^^"' 
contingencies, or to pay the wages of teachers in antic- 
ipation of the ordinary collections for that purpose, 

to be replaced by such collections when made. 

1 16. To vote a tax to pay whatever deficiency there Tax for 
may be in teachers' wages after the public money wages. 
apportioned to the district shall have been applied 
thereto ; but if the inhabitants shall neglect or refuse 
to vote a tax for this purpose, or if they shall vote 
a tax which shall prove insufficient to cover such defi- 
ciency, then the trustees are authorized, and it is 
hereby made their duty, to raise by district tax, any 
reasonable sum that may be necessary to pay the 
balance of teachers' wages remaining unpaid, the 



* Amended so as to admit of voting $50 a year. See sec.l, title 8 of this 
act, as amended by sec. 26, chap. 567, Laws of 1875. 

tThis sub-division added by sec. 8, chapter 406, Laws of 1867. 

6 



42 ACT EELATING TO 

same as if such tax had been authorized by a vote of 
the inhabitants. 

SECOND AETICLE. 

Of district scTiool-houses and sites. 

School- § 17. JSTo school-house shall be built so as to stand 

U)°cation in whole or in part, upon the division line of any 
*^*- two towns. 

May vote *§ 18. No tax voted by a district meeting for build- 
m^, to ing, hiring or purchasing a school-house, exceeding 
s^hlfoi- ^^® ^^'^ ^^ ^^^ thousand dollars, shall be levied by 
house." the trustees, unless the commissioner, in whose dis- 
trict the school-house of said district is situated, 
shall certify in writing his approval of such larger 
sum. 
Tax may t§ 19- Whenever the majority of all the inhabitants 
in instill- of any school district entitled to vote, to be ascer- 
ments. taiued by taking and recording the ayes and noes of 
such inhabitants attending at any annual, special or 
adjourned school district meeting, legally called or 
held, shall determine that the sum proposed and 
provided for in the next preceding section shall 
be raised by installments, it shall be the duty of 
the trustees of such district, and they are hereby 
authorized to cause the same to be raised, levied and 
collected in equal installments in the same manner 
and with the like authority that other school taxes 
are raised, levied and collected and to make out their 
tax list and warrant for the collection of such in- 
stallments, with interest thereon as they become 
payable according to the vote of the said inhabitants ; 
but the payment or collection of the last install- 
ment shall not be extended beyond ten years from 
the time such vote was taken ; and no vote to levy 
any such tax shall be reconsidered except at 
an adjourned, general or special meeting to be 
held within thirty days thereafter, and the same 
majority shall be required for reconsideration that 
was had to impose such tax. For the purpose of 



Trustees 

may 

borrow 



* As amended by sec. 9, chap. 406, Laws of 1867. 
+ As amended by sec. 18, chap. 567, Laws of 1875. 



PUBLIC instructio:n". 43 

giving effect to these^ provisions, the trustees are 
hereby authorized, vs^henever a tax shall have been 
voted to be collected in installments for the purpose 
of building a new school-house, to borrow so much 
of the sum voted as may be necessary, at a rate of 
interest not exceeding seven per cent, and to issue 
bonds or other evidences of indebtedness therefor, 
which shall be a charge upon the district, and be 
paid at maturity, and which shall not be sold below 
par ; due notice of the sale of such bonds shall be 
given at least ten days prior thereto, of time and 
place of such sale. 

*§ 20. So long as a district shall remain unaltered, Provisions 
the site of a school-house owned by it, upon which t" c^f^n'^e 
there is a school-house erected or in process of erec- of schooi- 
tion, shall not be changed, nor such school-house be ^°'^^®^^*^®- 
removed, unless by the consent, in writing, of the 
supervisor or supervisors of the town or towns within 
which such district shall be situated, stating that in 
his or their opinion such removal is necessary ; nor. 
with such consent, unless a majority of all the legal 
voters of said district, present and voting, to be 
ascertained by taking and recording the ayes and 
noes, at a special meeting called for that purpose, 
shall be in favor of such new site. 

§ 21. Whenever the site of a school-house shall Proceed- 
have been changed, as herein provided, the inhabit- thf sa?e of 
ants of a district entitled to vote, lawfully assembled appurte- 
at any district meeting, shall have power, by a major- nances, 
ity of the votes of those present, to direct the sale 
of the former site or lot, and the buildings thereon 
and appurtenances, or any part thereof, at such price 
and upon such terms as they shall deem proper; and 
any deed duly executed by the trustees of such dis- 
trict, or a majority of them, in pursuance of such 
direction, shall be valid and effectual to pass all the 
estate or interest of such school district in the prem- 
ises, and when a credit shall be directed to be given 
upon such sale for the consideration money, or any 
part thereof, the trustees are hereby authorized to 
take in their corporate name such security by bond 

* As amended by sec. 8, chap. 647, Laws of 1865. 



44 



ACT EELATING TO 



Moneys 
arising 
from the 
sale to be 
applied to 
new 
houses, 
etc. 



and mortgage or otherwise, for the payment thereof, 
as they shall deem best, and shall hold the same as a 
corporation, and account therefor, to their successors 
in office and to the district, in the manner they are 
now required by law to account for moneys received 
by them ; and the trustees of any such district for the 
time being may, in their name of office, sue for and 
recover the moneys due and unpaid upon any secu- 
rity so taken by them or their predecessors. 

§ 22. All moneys arising from any sale made in 
pursuance of the last preceding section, shall be 
applied to the expenses incurred in procuring a new 
site, and in removing or erecting thereon a school- 
house, and improving and furnishing such site and 
house, and their appendages, so far as such applica- 
tion shall be necessary ; and the surplus,if any, shall 
be devoted to the purchase of school apparatus and 
the support of the school as the inhabitants at any 
annual meeting shall direct. 



Trustee, 
who may 
not hold 
the ofBce 
of. 



District of- 
ficer must 
reside in 
the dis- 
trict 

Terms of 
office. 



THIRD ARTICLE. 

Of the qualification, election, choice and terms of 
ofice of district and neighborhood officers, and of 
vacancies in such offices. 

§23. No school commissioner or supervisor is 
eligible to the office of trustee, nor can either be a 
member of any board of education within his district 
or town ; and no trustee can hold the office of dis- 
trict clerk, collector or librarian. 

§ 24. Every district and neighborhood officer must 
be a resident of his district and neighborhood, and 
qualified to vote at its meetings. 

§ 25. From one annual meeting to the next is a 
year, within the meaning of the following provisions: 
The term of office of a trustee of a neighborhood, 
and a sole trustee of a district is one year. The full 
term of a joint trustee is three years, but a joint 
trustee may be elected for one or two years, as - 
herein provided. The term of office of all other dis- 
trict and neighborhood officers is one year. Every 
district and neighborhood officer shall hold his office 



PUBLIC INSTKUCTION. 45 

unless removed, during Ms term of office, and until 
his successor shall be elected or appointed. 

§ 26. The terms of all officers elected at the first officers of 
meeting of a newly erected neighborhood or dis- dfsTricts. 
trict, except of a union free school district, shall 
expire on the second Tuesday of October, next 
thereafter. 

*§ 27. On the second Tuesday of October next People to 
after the erection of a district, at its first annual or tLee^^ 
meeting, the electors shall determine by resolution, t''"^*®®^' 
whether the district shall have one or three trus- 
tees, and if they resolve to have three trustees, 
shall elect the three for one, two and three years 
respectively, and shall designate by their votes, for 
which term each is elected ; thereafter in such dis- 
trict, one trustee shall be elected at each annual 
meeting to fill the office of the outgoing trustee. 
The electors of any district having three trustees 
shall have power to decide by resolution, at any 
annual meeting, whether the district shall have a 
sole trustee or three trustees, and if they resolve to 
have a sole trustee, the trustee or trustees in office 
shall continue in office until their term or terms 
of office shall expire, and no election of a trustee 
shall be had in the district until the offices of such 
trustee or trustees shall become vacant by the expi- 
ration of their terms of office or otherwise, and there- 
after but one trustee shall be elective for said district, 
until the electors of a district having one trustee 
shall determine at an annual meeting, by a two- ' 
thirds vote of the legal voters present thereat, to 
have three trustees ; in which case they shall, upon 
the adoption of such resolution, proceed to elect 
three trustees in the same manner as provided in 
this section for the election of three trustees at the 
first annual meeting after the erection of a district ; 
and thereafter in such district, one trustee shall 
be elected for three years, at each annual meeting, 
to fill the office of the outgoing trustee. 

• As amended by chap. 173, Laws of 1878. 



46 



ACT RELATING TO 



Collector 
vacates his 
office by 
not execu 



no«fy*° *§ 28. It shall be the duty of the district clerk, and 
persons of the neighborhood clerk, or of any person who shall 
elected to ^^^ ^^ clerk at any district or neighborhood meeting, 
when any officer shall be elected, forthwith to give 
the person elected notice thereof in writing ; and such 
person shall be deemed to have accepted the office, 
unless, within five days after the service of such notice, 
he shall tile his written refusal of it with the clerk. 
The presence of any such person at the meeting 
which elects him to office, shall be deemed a sufficient 
notice to him of his election. 

§ 29. The collector vacates his office by not execut- 
ing a bond to the trustees, as hereinafter required, 
ting bond, ^nd the trustees may supply the vacancy. 
Vacancy § SO. lu case the office of a trustee shall be vacated 
t?u°?eT, '^^ by his death, refusal to serve, incapacity, removal 
how filled, from the district or neighborhood, or by his being 
removed from the office, or in smy other manner, and 
the vacancy be not supplied by a district or neigh- 
borhood meeting within one month thereafter, the 
supervisor of the town within which the school-house 
or principal school-house of the district is, or within 
which the neighborhood or any part thereof is, may, 
by a writing under his hand, appoint a competent 
person to fill it. 

§ 31. A trustee who publicly declares that he will 
not accept or serve in the office of trustee, or who 
refuses or neglects to attend three successive meet- 
ings of the board, of which he is duly notified, with- 
out rendering a good and valid excuse therefor to 
the other trustees, or trustee, where there are but 
two, vacates his office by refusal to serve. 

§ 32. Any vacancy in the office of district clerk, 
collector, or librarian, may be supplied by appoint- 
ment under the hands of the trustees of the district, 
or a majority of them, and the appointees shall hold 
their respective offices until the next annual meeting 
of the district, and until others are elected and take 
their places. 
Appoint- § 33. Every appointment to fill a vacancy shall be 
Sid with^ forthwith filed, by the supervisor or trustees making 



Neglect of 
duty or 
refusal to 
serve 
vacates 
office. 



Trustees 
may fill 
vacancies 
in other 
offices. 



* As amended by sec. 11. chap. 406, Laws of 1867. 



PUBLIC INSTEUOTION. 47 

it, in the office of the district clerk, who shall imme- district 
diately give notice of the appointment to the person ''^®'■'^• 
appointed. 

§ 34. Every person chosen or appointed to a school Penalty 
district office, who, being duly qualified to fill the fusaTto 
same, shall refuse to serve therein, shall forfeit five ^^\l^^ ^j 
dollars; and every person so chosen or appointed, duty, 
who, not having refused to accept the office, shall 
willfully neglect or refuse to perform any duty 
thereof, shall by such neglect or refusal vacate his 
office and shall forfeit the sum of ten dollars. These 
penalties are for the benefit of common schools of 
the town. 

§ 35. But the supervisor of the town wherein any supervisor 
such person resides may accept his written resigna- Sptthe 
tion of the office, and the filing of such resignation tfo|f°^" 
and acceptance in the office of the district clerk shall 
be a bar to the recovery of either penalty in the last j^ ^^ ^^ 
preceding section mentioned; or such resignation made to a 
may be made to and accepted by a district meeting. mfeUnV 

FOURTH ARTICLE. 

Of the duties of the neighborhood cleric, and of the 
district clerk and librarian. 

§ 86. The neighborhood clerk shall keep a record Duty of 
of the proceedings of his neighborhood, and of the hojfd cierk 
reports of the trustees, and deliver the same to his 
successor. In case such neighborhood shall be an- 
nexed to a district within the state, its records shall 
be filed in the office of the clerk of such district. 

§ 37. It shall be the duty of the clerk of each school cierk of 
district : lf^,%^ 

1. To record the proceedings of his district in a duties. 
book to be provided for that purpose by the district, 
and to enter therein true copies of all reports made 

by the trustees to the school commissioner. 

2. To give notice, in the manner prescribed by the 
sixth section of this title, or by the inhabitants, pur- 
suant to such section, of the time and place of hold- 
ing special district meetings called by the trustees. 

3. To affix a notice in writing of the time and place 
of any adjourned meeting, when the meeting shall 



48 ACT RELATING TO 

have been adjourned for a longer time than one 
month, in at least four of the most public places of 
such district, at least five days before the time ap- 
pointed for such adjourned meeting. 

4. To give the like notice of every annual district 
in meeting. 

* 5. To give notice immediately to every person 
elected or appointed to office of his election or ap- 
pointment ; and also to report to the town clerk of 
the town in which the school-house of his district is 
situated, the names and post-office address of such 
officers, under a penalty of five dollars for neglect 
in each instance. 

6. To notify the trustees of every resignation duly 
accepted by the supervisor. 

7. To keep and preserve all records, books and 
papers belonging to his office and to deliver the 
same to his successor. For a refusal or neglect so 
to do, he shall forfeit fifty dollars for the benefit of 
the district, to be recovered by the trustees. 

8. In case his district shall be dissolved, to obey 
the order of the commissioner or commissioners as 
to depositing the books, papers and records of his 
office in the town clerk's office. 

9. To attend all meetings of the board of trustees 
when notified and keep a record of their proceedings 
in a book provided for that purpose. 

10. To call special meetings of the inhabitants 
whenever all the trustees of the district shall have 
vacated their office. 

§ 38. The librarian, subject to the provisions of 
this act, shall have the charge and supervision of 
the district library. 

FIFTH AETICLE. 

Schools Of t'/iepupits and scholars. 

free to 

pupi^sover § 39. Oommou schools in the several school dis- 
unde? tricts of this state shall be free to all persons over 
one years, five and Under twenty-one years of age residing in 
Nou-resi- the district, as hereinafter provided; but non-ressi- 

dents may 

be admit- 

*®'^- * As amended by sec. 10, chap . 647, Laws of 1865. 



PUBLIC INSTEUCTION. 49 

dents of a district, if otherwise competent, may 
be admitted into the school of a district, with the 
written consent of the trustees, or of a majority of 
them, upon such terms as the trustees shall prescribe. 

§ 40. If a school district include a portion of an no Indian 
Indian reservation, whereon a school for Indian chil- Admitted 
dren has been established by the superintendent of 
public instruction, and is taught, the school of the 
district is not free to Indian children resident in 
the district or on the reservation, nor shall they be 
admitted to such school except by permission of 
the superintendent. 

§ 41. No teacher is a qualified one, within the Qualified 
meaning of this act,unless he possesses an unannulled what coA- 
diploma granted to him by the state normal school stitutes. 
or an unrevoked and unannulled certificate of quali- 
fication given to him by the superintendent of public 
instruction, or an unexpired certificate of qualifica- 
tion given to him by the school commissioner within 
whose district he is employed, or by the school offi- 
cer of the city or village in which he is employed, 
authorized by special act to grant such certificate. unquaiia- 

*§ 42. No part of the school moneys apportioned Irs^ca^nnot 
to a district can be applied or permitted to be applied ^®,Pif *y^y 
to the payment of the wages of an unqualified teacher ney or °^° 
nor can his wages, or any part of them, be collected tax!"°* 
by a district tax. 

§ 43. Any trustee who applies, or directs, or con- Their 
sents to the application of any such money to the tounqulii- 
payment of an unqualified teacher's wages, thereby Ira^m^' 
commits a misdemeanor ; and any fine imposed upon demeanor. 
him therefor shall be for the benefit of the common 
schools of the county. 

§ 44. Teachers shall keep, prepare and enter in the ?'®^°\®'^ 
books provided for that purpose, the school lists and ii\ts^of' 
accounts of attendance hereinafter mentioned, and 
shall be responsible for their safe keeping and deliv- 
ery to the clerk of the district at the close of their 
engagements or terms. 

*As amended by see. 12, chap. 406, Laws of 1867. 



attend- 
ance. 



50 



ACT RELATING TO 



SIXTH AETICLE. 



Trustees 
hold dis- 
trict prop 
erty as a 
corpora- 
tion. 

A sole 
trustee 
has the 
same 
power as 
a board. 



Trustees 
must meet 
for official 
action. 



Any mem- 
ber of the 
board may 
call a 
meeting. 

When 
there are 
vacancies 
in the 
board, the 
remaining 
trustee or 
trustees 
may act. 



Powers 
and duties 
of trus- 
tees. 
To call 
special 
meetings 



Of the trustees, their powers and duties : and, herein, 
of school taxes and annual reports. 

§ 45. All property which is now vested in, or shall 
hereafter be transferred to, the trustee or trustees 
of a district, for the use of schools in the district, 
shall be held by him or them as a corporation. 

§-46. A sole trustee of the district shall have all 
the powers, and be subject to all the duties, liabilities 
and penalties conferred and imposed by law upon or 
against any trustee or trustees, or the majority of the 
trustees, of a district. 

§ 47. The trustees of a district compose a board, 
and when two only meet to deliberate upon a matter, 
and the third, if notified, does not attend, or the 
three meet and deliberate thereon, the conclusion of 
two upon the matter, and their order, act or proceed- 
ing in relation thereto, shall be as valid as though it 
were the conclusion, order, act or proceeding of the 
three; and a recital of the two in their minute of the 
conclusion, act or proceeding, or in their order, act 
or proceeding of the fact of such notice, or of such 
meeting or deliberation, shall be conclusive evidence 
thereof. A meeting of the board may be ordered by 
any member thereoi, by giving not less than twenty- 
four hours' notice of the same. 

§ 48. While there is one vacancy in the ofloLce of 
trustee, the two trustees have all the powers and are 
subject to all the duties and liabilities of the three. 
And while there are two such vacancies, the trustee in 
office shall have all the powers and be subject to all 
the duties and liabilities of the three, as though he 
were a sole trustee. 

*§ 49. It shall be the duty of the trustees of every 
school district, and they shall have power : 

1. To call special meetings of the inhabitants of 
such districts whenever they shall deem it necessary 
and proper. 



* As amended by sec. 9, chap. 647, Laws of 1865, and by sec. 13, chap. 406, 
Laws of 1867. 



PUBLIC INSTEUCTIOlSr. 51 

2. To give notice of special, annual and adjourned to give no- 
meetings in the manner prescribed in the sixth sec- tain cashes!" 
tion of this title, if there be no clerk of the district, 

or he be absent or incapable of acting, or shall refuse 
to act. 

3. To make out a tax list of every district tax voted to make 
by any such meeting, or authorized by law, contain- f^l^.^^ 
ing the names of all the taxable inhabitants residing 

in the district at the time of making out the list, and 
the amount of tax payable by each inhabitant, set 
opposite to his name. 

4. To annex to such tax list a warrant,* directed to To issue 
the collector of the district, for the collection of the f^r^ofiec- 
sums in such list mentioned. ^^°'^' 

f 5. To purchase or lease a site for the district school- To pur- 
house or school-houses, as designated by a meeting fe^se\ites, 
of the district, and to build, hire or purchase such ®*c. 
school-house as may be so designated, and to keep in 
repair and furnish such school-house with necessary 
fuel and appendages, and to pay the expense there- 
of by tax, but such expense shall not exceed fifty 
dollars in any one year, unless authorized by the dis- 
trict or by law. 

6. To have the custody .and safe keeping of the Tohave 
district school-house or houses, their sites and appur- thfs^chooi- 
tenances. ^«"s®- 

7. When thereto authorized, by a meeting of the to insure 
district, to insure the school-house or school-houses, hou°e,"etc. 
and their furniture, and the school apparatus, in some 
company created by or under the laws of this state 

and to comply with the conditions of the policy, and 
raise the premiums by a district tax. 

8. To insure the district library in such a company to insure 
in a sum fixed by a district meeting, and to raise the ^^^^^^y- 
premium by a district tax, and comply with the con- 
ditions of the policy. ., 

9. To contract with and employ all teachers iri Teachers 
the district school or schools ; but no person who is b^^withm 
within two degrees of relationship by blood or mar- *^gg*^of 
riage to any such trustee shall be so employed, reiation- 



*For form of warrant, see appendix. 

t As amended by sec. 13, chap. 406, Laws of 1867. 



ship to 
trustees. 



52 ACT EELATING TO 

except witli the approval of two-thirds of the voters 
of such district present and voting upon the question 
at an annual or special meeting of the district. Any 
person employed in disregard of the foregoing pro- 
vision shall have no claim for wages against the 
district, but may enforce the specific contract made 
against the trustee or trustees consenting to such 
employment as individuals. 
Payment * 10. To pay toward the wages of such teachers as 
eis* wages, ^re qualified, the public moneys apportioned to the 
district and legally applicable thereto, by giving 
them orders on the supervisor therefor, and to col- 
lect as herein provided, the residue of such wages by 
district tax. 

*11, To divide such public moneys apportioned to 

the district, whenever authorized by a vote of their 

district, into two or more portions for each year ; to 

assign and apply one of such portions to each term 

during which a school shall be Kept in such district, 

for the payment of teachers' wages during such 

term ; and to collect the residue of such wages not 

paid by the proportion of public money allotted 

for that purpose, by district tax as herein provided. 

To pay 12. If the library money apportioned to the dis- 

mo'^^ey for ^^^^^ ^^ ^^^^ thsLii three dollars, to apply it to the 

teachers' payment of teachers' wages. 

whln^iess 13. To draw upon the supervisor for the school and 
than $3. Horary moneys, in the manner and form prescribed 
by subdivisions one and two of section six of title 
four of this act. 

* 14. After having paid toward the wages of such 
teachers as are qualified, the public moneys of the 
district legally applicable thereto, by giving them 
orders on the supervisor therefor, to collect the resi- 
due of such wages by a district tax, or, if the same 
shall have been already collected, to give such teacher 
an order on the district collector for the balance of 
his or her wages still remaining unpaid. 

t§ 50. The trustees may expend, in necessary and 
proper repairs of each school-house under their 

* As amended by sec. 13, chap. 406, Laws of 1867. 
t As amended by. sec. 19, chap. 567, Laws of 1875. 



PUBLIC INSTKUOTION. 53 

charge, a sum not exceeding twenty dollars in any 
one year; and they may also expend a sum not exceed- 
ing fifty dollars in the erection of necessary out- 
buildings, where the district is wholly unprovided 
with such buildings, upon a vote of a district meet- 
ing. They may also make any repairs, and abate Repairs, 
any nuisances, pursuant to the direction of the « 
school commissioner, as hereinbefore provided, and 
provide fuel, pails, brooms and other implements 
necessary to keep the school-house or houses clean 
and make them reasonably comfortable for use, cleaning 
and not provided for by a vote of the district ; ^^^^^^ etc. 
and may also provide for building fires and clean- 
ing the school-room by arrangement with the teacher 
or otherwise. They shall provide the bound blank- 
books for the entering of their accounts and the 
keeping of the school lists, the records of the 
district, and the proceedings of district and trus- 
tee meetings. Whenever it shall be necessary for 
the due accommodation of the children of the dis- 
trict, they may hire temporarily any room or rooms 
for the keeping of schools therein ; but the trustees 
shall have no power to purchase maps, globes, or 
other school apparatus, unless instructed to do so by 
the vote of a district meeting. Any expenditure 
made, or liability incurred, in pursuance of this sec- 
tion, shall be a charge upon the district. 

§ 51. When trustees are required or authorized by May raise 
law, or by a vote of their district, to incur any g^^^^f^^ 
expense for such district, and when any expenses tax. 
incurred by them are made, by express provision of 
law, a charge upon such district, they may raise the 
amount thereof by tax in the same manner as if 
the definite sum to be raised had been voted by a 
district meeting. 

§ 52. The trustees, or any one of them, if not for- school- 
bidden by another, may freely permit the school- consln^^of 
house, when not in use for the district school, to be ^^^*^| 
used by persons assembling therein for the purpose used for 
of giving and receiving instruction in any branch of tfonTn any 
education or learning, or in the science or practice I'eSng^or 

of music. music. 



54 ACT EELATING TO 

Trustees * § 53. They sliall procure two bound blank books 
acc^unT"^^ for the district, and when necessary, others in their 
books, etc. place. In one of them, at or before each annual dis- 
trict meeting, they shall enter at large, and sign a 
statement of all movable property belonging to the 
district, and their accounts of all moneys, received 
• or drawn for or paid by them, and they shall deliver 
this book to their successors. In the other, the 
teachers shall enter the names of the pupils attend- 
ing school, their ages, the names of the persons who 
send them, and the number of days each pupil at- 
tends ; and also the facts and the dates of each inspec- 
tion of the school by the school commissioner or 
other official visitor, and any other facts and in such 
form as the superintendent of public instruction 
shall require ; and each teacher shall, by his oath 
Teacher Or affirmation, verify his entries in such book, and 
ifs'tfanr^ the entries shall constitute the school lists from which 
verify re- the average daily attendance shall be determined ; 

cord B.UC1 ^^ 

trustees and such oath or affirmation may be taken by the 
pay teach- district clerk, but without charge. Until the teacher 
recOTd^s shall have so made and verified such entries, the 
verified, trustees shall not draw on the supervisor for any por- 
tion of his wages. 
the"treas^ § 54. If any portiou of the moneys apportioned to 
urer and the district shaU not be paid, by the supervisor, upon 
tendent'of the due requirement of the trustees, they shall forth- 
withheid with notify the treasurer of the county, and the 
vfsor^^^' superintendent of public instruction, of the fact. 
To render § 55. The trustees shall, once in each year, render 
of au°mon- ^^ ^^^ district, at its annual district meeting, a just, 
eys receiv- full and true accouut in writing, under their hands, 
paid? etc. of all moueys received by them respectively for the 
use of the district, and of the manner in which the 
same shall have been expended, and showing to 
which of them an unexpended balance, or any part 
thereof, is chargeable ; and of all drafts or orders 
made by them upon the supervisor, collector, or 
other custodian of moneys of the district ; and a full 
statement of all suits and proceedings brought by or 
against them, and of every special matter touching 
the condition of the district. 

*) * As amended by sec. 15, chap. 406, Laws of 1867. 



PUBLIC INSTEUOTION. 55 

§ 56. An outgoing trustee shall forthwith pay, to out-going 
his successor or any other trustee of the district in paT*lny ° 
office, any such unexpended balance, or part of such ^fs^suc! *° 
balance, remaining in his hands. cesser. 

§ 57. Every trustee who shall refuse or neglect to Penalty 
render such account shall forfeit twenty-five dollars, o^'neliecf 
Every trustee who shall neglect or refuse to pay over account.'' 
any balance so found in his hands, shall forfeit twen- 
ty-five dollars. These penalties are for tUe benefit of 
the schools of the district, and shall be sued for by 
the supervisor of the town in which the school- 
house, or school-house longest owned or held by the 
district is. 

§ 58. By a willful neglect or refusal to render such Forfeits 
account, a trustee also forfeits any unexpired term etc °*'^^' 
of his oflice, and becomes liable to the trustees for 
any district moneys in his hands. 

§ 59. The trustees in ofiice shall sue for and recover Trustees 
any district moneys in the hands of any former trus- formlr^°^ 
tee, or of his personal representatives, and apply trustee. 
them to the use of the district. 

* § 60. The trustees of eaclj school district shall, to report 
between the first and second Tuesdays of October in tocommis- 
each year make and direct to the school commissioner ^ion^e^ be-^ 
a report in writing, dated on the first day of October and sec- 
of the year in which it is made, and shall sign and days^f^^" 
certify it, and deliver it to the clerk of the town in S^yeaS 
which the school-house of the district is situated ; 
and every such report shall certify : 

1. The whole time any school has been kept in items in 
their district during the year ending on the day pre- rep^o'rt! 
vious to the date of shch report, and distinguishing 
what portion of the time such school has been kept 

by qualified teachers, and the whole number of days, 
including holidays, in which the school was taught 
by qualified teachers. 

2. The amount of their drafts upon the supervisor, 
for the payment of teachers' wages during such year, 
and the amount of their drafts upon him for the pur- 
chase of books and school apparatus during such 
year, and the manner in which such moneys have 
been expended. 

* As amended by sec. 16, chap. 406, Laws of 1867. 



56 ACT EELATING TO 

*3. The nnmber of children taught in the district 
school or schools during such year by qualified 
teachers, and the sum of the days' attendance of all 
such children upon the school. 

4, The number of children residing in the dis- 
trict on the last day of September previous to the 
making of such report, between the ages of five and 
twenty-one, and the names of the parents or other 
persons with whom such children respectively re- 
side, and the number of children residing with 
each. 

5. The amount of money paid for teachers' wages, 
in addition to the public money paid therefor, the 
amount of taxes levied in said district for purchas- 
ing school-house sites, for building, hiring, purchas- 
ing, repairing and insuring school-houses, for fuel, 
for district libraries, or for any other purpose al- 
lowed by law, and such other information in rela- 
tion to the schools and the district as the superintend- 
ent of public instruction may, from time to time, 
require. 

fnc/uded § ^^' ^^^ auuual rqports of trustees of school dis- 
intrustees' tricts, of children residing in their district, shall 
report. include all over five and under twenty-one years of 
age who shall, at the date of such report, actually 
be in the district, composing a part of the family of 
their parents or guardians, or employers, if such 
parents, guardians or employers reside at the time 
in such district, although such residence be tempo- 
rary ; but such report shall not include children be- 
longing to the family of any person who shall be an 
inhabitant of any other district in this state in which 
such children may by law be included in the reports 
of its trustees ; nor any children who are supported 
at a county poor-house or an orphan asylum ; nor 
any Indian children residing on reservations where 
schools provided by law for their education are 
taught. 
Joint dis- § 62. Where a school district lies in two or more 
rort t^ ^^" counties, its trustees shall make such an annual 
each com- report for each part of it lying in a different county. 



missioner. 



*As amended by sec. 11, chap. 647, Laws of 1865. 



PUBLIC INSTKUOTION. 57 

and file each, in the office of the clerk of the town in 
which the part of the district to which it especially 
relates lies ; and such reports shall be in the form 
and contain all such special matters as the superin- 
tendent of public instruction shall from time to time 
prescribe. 

§ 63. The trustee of every separate neighborhood separate 
shall every year, within the time aforesaid, in like howi!^re^' 
manner, make his annual report to the school com- ^^ustee "^ 
missioner, and file it in the office of the clerk of the 
town of which the neighborhood is a part. Such 
report shall specify the whole amount of public 
moneys received during the year, and from what 
public officer, and the manner in which it was ex- 
pended ; the whole number of such children as can 
be included in the district trustees' report residing 
in the neighborhood on the last day of September 
previous to the making of the report ; and any other 
matters which the superintendent of public instruc- 
tion may require. 

§ 64. Every trustee of a school district or separate False re- 
neighborhood, who shall willfully sign a false report ^enaity*^ 
to a school commissioner with the intent of causing ^o^- 
such school commissioner to apportion to his district 
or neighborhood a larger sum than its just propor- 
tion of school moneys ; or in the case of a trustee of 
a separate neighborhood, with intent to procure from 
the state superintendent of public instruction a 
larger allowance to the neighborhood, shall for each 
ofl'ense forfeit the sum of twenty -five dollars, and 
shall also be deemed guilty of a misdemeanor. Such 
penalties, and any fines which shall be imposed for 
the misdemeanor, are for the benefit of the common 
schools of the county. 

SEVENTH AETICLE. 

Of the assessment of district taxes^ and the collec- 
tion of such taxes ; and herein of the collector^ 
his "powers^ duties and UaMlity. 

§ QQ. Within thirty days after a tax shall have Assess- 
been voted by a district meeting, the trustees shall ^|es by- 
assess it, and make out the tax list therefor, and annex trustees. 
8 



58 ACT RELATING TO 

thereto their warrant* for its collection. But they may 
Two or at the same time assess two or more taxes so voted, 
™ay^be^^^ and any tax or taxes they are authorized to raise 
iindef one without such vote, and make out one tax list and one 
warrant, warrant for the collection of the whole. They shall 
also prefix to their tax list a heading showing for 
what purpose the different items of the tax is levied. 
t § 66. School district taxes shall be apportioned 
by the trustees upon all real estate within the boun- 
daries of the district which shall not be by law ex- 
empt from taxation, except as hereinafter provided, 
and such property shall be assessed to the person or 
persons or corporation owning or possessing the same 
at the time such tax list shall be made out, but land 
lying in one body and occupied by the same person 
Tax lists, either as owner or agent for the same principal, or 
out! ™**^® ^s tenant under the same landlord, shall, though 
situated partly in two or more school districts, be 
taxable in that one of them in which such occupant 
resides. This rule shall not apply to land owned by 
non-residents of the district, and which shall not be 
occupied by an agent, servant or tenant residing in 
the district. Such unoccupied real estate shall be 
assessed as non-resident, and a description thereof 
shall be entered in the tax list. The trustees shall 
also apportion district taxes upon all persons resid- 
ing in the district, and upon all corporations liable 
to taxation therein, for the personal estate owned by 
them and liable to taxation. They shall also appor- 
tion the same upon non-resident stockholders in 
banks or banking associations situated in their dis- 
tricts for the amount of stock owned by them therein, 
and upon individual bankers doing business in their 
district in accordance with the provisions of chapter 
seven hundred and sixty- one of the laws of eighteen 
hundred and sixty-six. 
Valuation, § 67. The valuatious of taxable property shall be 
taaned!'^^'" ascertained, so far as possible, from the last assess- 
ment roll of the town, after revision by the assessors ; 
and no person shall be entitled to any reduction in 

*For form of warrant, see close of this pamphlet, 
t As amended by sec. 20, chap. 567, Laws of 1875. See law in relation to 
the taxation of railroad companies, in the appendix; also, law in relatioa 
to taxation of bank shares, in the appendix. 



PUBLIC INSTRUCTION. 59 

the valuation of such property, as so ascertained, 
unless he shall give notice of his claim to such re- 
duction to the trustees of the district before the tax 
list shall be made out. 

§ 68. Where such reduction shall be duly claimed of reduc- 
and vs^here the valuation of taxable property cannot uation.^^ ' 
be ascertained from the last assessment roll of the 
town, the trustees shall ascertain the true value of 
the property to be taxed from the best evidence in 
their power, giving notice to the persons interested, 
and proceeding in the same manner as the town 
assessors are required by law to proceed in the valu- • 
ation of taxable property. 

*§ 69. When a district embraces parts of more 
than one town, it shall be the duty of the supervisors 
of such towns so in part embraced, upon receiving 
a written notice from the trustee or trustees of such 
district, or from three or more persons liable to pay 
taxes upon real estate therein, to meet at a time and 
place to be named in such notice, which time shall 
not be less than five or more than ten days from the 
service thereof, and a place within the bounds of the ^^^^q'/* 
towns so in part embraced, and proceed to inquire vaiua- 
and determine whether the valuation of real prop- *^°"®" 
erty upon the several assessment rolls of said towns 
are substantially just as compared with each 
other, so far as said districts are concerned, and if 
ascertained not to be so, they shall determine the 
relative proportion of taxes that ought to be assessed 
upon the real property of the parts of such district 
lying in different towns, and the trustees of such 
district shall thereupon assess the proportion of any 
tax thereafter to be raised, according to the deter- 
mination of such supervisors, until new assessment 
rolls of the towns shall be perfected and filed, using 
the assessment rolls of the several towns to distrib- 
ute the said proportion among the persons liable to 
be assessed for the same. In cases when such su- 
pervisors shall be unable to agree, they shah sum- 
mon a supervisor from some adjoining town, who 
shall unite in such inquiring, and the finding of a 
majority shall be the determination of such meeting. 

* As amended by sec. 31, chap. 567, Laws of 1875. 



60 ACT EELATINa TO 

woKg § '^^- -^^y pei'son working land under a contract 
land OD for a sliare of the produce of such, land, shall be 
bie^^orby^ deemed the possessor, so far as to render him liable 
or^ervant. ^o taxation therefor in the district where such land 
is situate. 

§71. Every person owning or holding any real 
property within any school district, who shall im- 
prove and occupy the same by his agent or servant, 
shall, in respect to the liability of such property to 
taxation, be considered a taxable inhabitant of such 
district, in the same manner as if he actually resided 
therein. 
Of tenant § 72. Where any district tax, for the purpose of 
ttcTiiabii- purchasing a site for a school-house, or for purchas- 
iwner!^^ iug or building, keeping in repair, or furnishing such 
school-house with necessary fuel and appendages^ 
shall be lawfully assessed, and paid by any person 
on account of any real property whereof he is only 
tenant at will, or for three years, or for a less period 
of time, such tenant may charge the owner of such 
real estate with the amount of the tax so paid by 
him, unless some agreement to the contrary shall 
have been made by such tenant. 

§ 73. Every taxable inhabitant of a district who 
SVTfrom shall have been, within four years, set off from any 
scho'oi^ other district without his consent, and shall, within 
house. that period, have actually paid in such other district, 
under a lawful assessment therein, a district tax for 
building a school-house, shall be exempted by the 
trustees of the district where he shall reside from 
the payment of any tax for building a school-house 
therein. 
Taxes on § '^^' When any real estate within a district so lia- 
non-resi- ^le to taxatiou, shall not be occupied and improved 
lands. by the owner, his servant or agent, and shall not be 
possessed by any tenant, the trustees of any district 
at the time of making out any tax list by which any 
tax shall be imposed thereon, shall make and insert 
in such tax list a statement and description of every 
such lot, piece or parcel of land so owned by non- 
residents therein, in the same manner as required by 
law from town assessors in making out the assess- 
ment roll of their towns ; and if any such lot is known 



PUBLIC INSTEUCTION. 61 

to belong to an incorporated company liable to tax- Jatedcom- 
ation in such district, the name of such company panies,etc. 
shall be specified, and the value of such lot or piece 
of land shall be set down opposite to such descrip- 
tion, which value shall be the same that was afiixed 
to such lot or piece of land in the last assessment roll 
of the town ; and if the same was not separately 
valued in such roll, then it shall be valued in pro- 
portion to the valuation which was affixed in the said 
assessment roll to the whole tract of which such lot 
or piece shall be part. 

* § 75. If any tax on the real estate of a non-resi- fj^^jJlt"*^^ 
dent, mentioned in the tax list delivered to the col- uncoiiect- 
lector, or the taxes upon non-resident stockholders method^ of 
in banking associations organized under the laws of procedure. 
Congress, shall be unpaid at the time he is required 
by law to return his warrant, he shall deliver lo the 
trustees of such district an account of the taxes so 
remaining due, containing a description of the lots 
and pieces of land upon which such taxes were im- 
posed, as the same were stated in his tax list, together 
with the amount of the tax assessed on each, and, 
upon making oath before any justice of the peace, 
or judge of any court of record, that the taxes men- 
tioned in any such account remain unpaid, and that 
after diligent efforts he has been unable to collect the 
same, he shall be credited by said trustees with the 
amount thereof. 

§ 76. Upon receiving any such account from the ^ij'"fi*send 
collector, the trustees shall compare it with the origi- it to treas- 
nal tax list, and, if they find it to be a true transcript, county. 
they shall add to such account their certificate, to 
the effect that they have compared it with the origi- 
nal tax list and found it to be correct, and shall 
immediately transmit the account, affidavit, and cer- 
tificate, to the treasurer of the county. 

§ 77. Out of any moneys in the county treasury, Sf pl^ 
raised for contingent expenses, the treasurer shall andu^the 
pay to the trustees the amount of the taxes so account 
returned as unpaid. boardTof*^^ 

^^^ supervis- 

' " ors, who 

* As amended by sec. 23, chap. 567, Laws of 1875. shall levy 

tiSLX) 6tC> 



62 



ACT EELATING TO 



County 
treasurer 
to lay the 
account 
before the 
supervis- 
ors : their 
powers 
and duties 
thereon. 



Any per- 
son may 
make pay- 
ment be- 
fore said 
levy. 

Proceed- 
ings as for 
county 
taxes. 



*§ 78. Such account, affidavit and certificate shall 
be laid by the county treasurer before the board of 
supervisors of the county, who shall cause the 
amount of such unpaid taxes with seven per cent of 
the amount in addition thereto, to be levied upon 
the lands of non-residents on which the same were 
imposed; and if imposed upon the lands of any incor- 
porated company, then upon such company: and 
when collected, the same shall be returned to the 
county treasurer to reimburse the amount so ad- 
vanced, with the expenses of collection; and if 
imposed upon the stock of a non-resident stock- 
holder in a banking association organized under the 
laws of congress, then, the same, with seven per cent 
of the amount in addition thereto, shall be a lien 
upon any dividends thereafter declared upon suclf 
stock, and upon notice by the board of supervisors 
to the president and directors of such bank, of such 
charge upon such stock, the president and directors 
shall thereafter withhold the amount so stated from 
any future dividends upon such stock, and shall 
pay the same to the collector of the town duly 
authorized to receive the same. 

§ 79. Any person whose lands are included in any , 
such account may pay the tax assessed thereon to 
the county treasurer, at any time before the board of 
supervisors shall have directed the same to be levied. 

§ 80. The same proceedings in all respects shall 
be had for the collection of the amount so directed 
to be raised by the board of supervisors as are pro- 
vided by law in relation to county taxes ; and, upon 
a similar account, as in the case of county taxes of 
the arrears thereof uncollected, being transmitted by 
the county treasurer to the comptroller, the same 
shall be paid on his warrant to the treasurer of the 
county advancing the same ; and the amount so 
assumed by the state shall be collected for its benefit, 
in the manner prescribed by law in respect to the 
arrears of county taxes upon land of non-residents ; 
or if any part of the amount so assumed consisted of 
a tax upon any incorporated company, the same 



* As amended by sec. 23, chap. 567, Laws of 1875. 



PUBLIC INSTEUCTION. 63 

proceedings may also be had for the collection there- 
of as provided by law in respect to the county taxes 
assessed upon such company. 

*§ 81. The warrant for the collection of a district warrant, 
tax shall be under the Lands of the trustees, or a eS of^ 
majority of them, with or without their seals ; and it 
shall have the like force and effect as a warrant 
issued by a board of supervisors to a collector of 
taxes in the town ; and the collector to whom it may 
be delivered for collection shall be ther.eby authorized 
and required to collect, from every person in such 
tax list named, the sum set opposite to his name, or 
the amount due from any person or persons speci- 
fied therein, in the same manner that collectors are 
authorized to collect town and county charges. 

f § 82. A warrant for the collection of a tax voted by Delivery of 
the district shall not be delivered to the collector rant.^^"^' 
until the thirty-first day after the tax was voted. A 
warrant for the collection of any tax not so voted 
may be delivered to the collector whenever the same 
is completed. 

:}: § 83. Within such time, not less than ten days, as collectors 
the trustees shall allow him for the purpose, the col- a°bond?"*^ 
lector, before receiving the first wai-rant for the col- 
lection of money, shall execute a bond to the trus- 
tees, with one or more sureties, to be approved by 
a majority of the trustees, in such amount as the 
district meeting shall have fixed, or if such meeting 
shall not have fixed the amount, then in such 
amount as the trustees shall deem reasonable, con- 
ditioned for the due and faithful execution of the 
duties of his office. 

II § 84. The collector, on the receipt of a warrant cohector 
for the collection of taxes, shall give notice to the gf/^cer-** 
tax payers of the district, by publicly posting tam no- 
written or printed, or partly written and partly 
printed notices in at least three public places in 
such district, one of which shall be on the outside 
of the front door of the school-house, stating that he 

* As amended by sec. 18, chap. 406, Laws of 1867. 
+ As amended by sec. 19, chap. 406, Laws of 1867. 

* As amende by sec. 34, chap. 567, Laws of 1875. 

II As amended by chap. 33, Laws of 1877. 



64 ACT EELATING TO 

has received such warrant and will receive all such 
taxes as may be voluntarily paid to him, within 
two weeks from the time of posting said notice. 
Such collector shall also give a like notice, either 
personally or by mail, at least ten days previous to 
the expiration of the two weeks aforesaid, to the 
ticket agent at the nearest station of any railroad 
corporation assessed for taxes, upon the tax list de- 
livered to him with the aforesaid warrant, and no 
school collector shall be entitled to recover from 
any railroad corporation more than one per cent 
fees on the taxes assessed against such corporations, 
unless notice shall have been given as aforesaid, and 
in case the whole amount of taxes shall not be so 
paid in, the collector shall forthwith proceed to col. 
Pees. Iqq^ lY^Q same. He shall receive for his services on 
all sums paid in as aforesaid, one per cent, and upon 
all sums collected by him after the expiration of the 
time mentioned, five per cent, except as hereinbe- 
fore provided, and in case a levy and sale shall be 
necessarily made by such collector, he shall be en- 
titled to traveling fees, at the rate of ten cents per 
mile, to be computed from the school-house in such 
district. 
Warrant * § 85. Any collector to whom any tax list and 
eime^d in^' Warrant may be delivered for collection may execute 
town *et^c ^^® same in any other district or town in the same 
county, or in any other county where the district is 
a joint district and composed of territory from ad- 
joining counties, in the same manner and with the 
like authority as in the district in which the trustees 
issuing the said warrant may reside, and for the 
benefit of which said taxis intended to be collected ; 
and the bail or sureties of any collector, given for 
the faithful performance of his official duties, are 
hereby declared and made liable for any moneys 
received or collected on any such tax list and war- 
rant. 
Trustees -j- | QQ^ jf the sum or sums of money, payable 
fSrVn"p\id by any person named in such tax list or rate bill, 
SaiJf shall not be paid by him or collected by such war- 

cases. _^__^____^_^______^^— _- — — - — — 

*As amended by sec. 20, chap. 406, Laws of 1867. 
+A8 amended by sec. 25, chap. 567, Laws of 1875. 



PUBLIC INSTRUCTION". 65 

rant within the time therein limited, it shall and may 
be lawful for the trustees to renew such warrant in 
respect to such delinquent person ; or in case such 
person shall not reside within their district at the 
time of making out a tax list, or shall not reside 
therein at the expiration of such warrant, or in case 
the property assessed be real estate belonging in an 
incorporated company, and no goods or chattels can 
be found whereon to levy the tax, the trustees may sue 
for, and recover the same in their name of office. 

* § 87. Whenever the trustees of any school dis- ^ay clfr- 
trict shall discover any error in a tax list made out pet error 
by them, they may, with the approbation and con- by consent 
sent of the superintendent of public instruction, fntendem, 
after refunding any amount that may have been im- 
properly collected on such tax list, if the same shall be 
required by him, amend and correct such tax list, as 
directed by the superintendent, in conformity to law ; 
and whenever more than one renewal of a warrant 
for the collection of any tax list may become neces- th^^one 
sary in any district, the trustees may make such mulumve 
further renewal, with the written approbation of the consent of 

^ J • 1-11 11 J supervisor 

supervisor of any town in which a school house oi 
said district shall be located, to be indorsed upon 
such warrant. 

§ 88. The collector shall keep in his possession all custody of 
moneys received or collected by him by virtue of any ^°°®^fi^^ 
warrant, to be by him paid out upon the order of a tor. 
majority of the trustees ; and he shall report in writ- g^aiire- 
ing at the annual meeting, all his collections and port at an- 
disbursements, and shall pay over to his successor in li^. ™®®*" 
office, when he has duly qualified and given bail, all 
moneys in his hands belonging to the district. 

§ 89. If by the neglect of any collector any moneys collector 
shall be lost to any school district, which might have au^Ss"^ 
been collected within the time limited in the warrant 
delivered to him for their collection, he shall forfeit 
to such district the amount of the moneys thus lost, 
and shall account for and pay over the same to the 
trustees of such district, in the same manner as if 
they had been collected. 

♦As amended by sec. 32, chap. 406, Laws of 1867. 

9 



66 



ACT RELATING TO 



Trustees 
to sue for 
recovery 
of money 
in his 
hands. 



§ 90. For tlie recovery of all siicb. forfeitures, and 
of all balances, in the hands of the collector, which 
he shall have neglected or refused to pay to his suc- 
cessor, the trustees, in their name of omce, shall have 
their remedy upon the official bond of the collector, 
or any action and any remedy given by law ; and 
they shall apply all such moneys, when recovered, 
in the same manner as if paid without suit. 



TITLE YIII. 



OF SCHOOL DISTEICT LIBEAEIES, AND THE APPLICA- 
TIOIN" OF LIBRARY MONEYS. 

* Section 1. The taxable inhabitants of each school 
district in the state shall have power, when lawfully 
assembled in any district meeting; to levy a tax on 
the district, not exceeding in any one year the sura 
of fifty dollars, for tlie purchase of such books as 
they shall direct for the district library, and such 
further sum as they may deem necessary for the ])ur- 
chase of a book-case. All books and cases which 
may have been or shall be purchased with moneys 
raised by such taxes, or with moneys apportioned to 
the district for library purposes, and all books which 
have been given to and accepted by the trustees for 
the library, shall compose the library of the district. 
f § 2. The sum of fifty thousand dollars, directed 
to be distributed to the several school districts of 
this state, by the fourth section of chapter two hun- 
dred and thirty -seven of the laws of eighteen hun- 
dred and thirty-eight, shall continue to be applied to 
the purchase of books for the district libraries. 
§ 3. But whenever the number of volumes in the 
whereto be district library of any district numbering over fifty 
appariftus. children between the ages of five and sixteen, shall 
and when exceed oue hundred and twenty-five, or of any dis- 
ers^ wages, trict numbering fifty children or less between the said 
ages, shall exceed one hundred volumes, the inhab- 



Llbrary 
money 



* As amended by sec. 36, chap. 56Y, Laws of 1875. 
t As amended by sec. ST, chap. 567, Laws of 1875. 



PUBLIC INSTEUCTION. 67 

itants of the district qualified to vote therein may, at 
a special or annual meeting duly notified for that 
purpose, by a majority of votes, appropriate the 
whole or any part of the library money belonging to 
the district for the current year to the purchase of 
maps, globes, blackboards, or other scientific appa- 
ratus for the use of the school ; and in every district 
having the required number of volumes in the district 
library, and the maps, globes, blackboards and other 
apparatus aforesaid, the said moneys, with the appro- 
bation of the superintendent of public instruction, 
may be applied to the payment of qualified teachers' 
wages. 

§ 4. When the library money apportioned to a dis- ifie&siiiaQ 
trict in any year shall be less than three dollars, the ^i"for^ 
trustees may apply it in payment of qualified teach- ^ages^.^^ 
ers' wages. 

§ 5. The trustees of every school district shall be Trustees 
trustees of the library of such district, and the prop- cuato*^ oi 
erty of all books therein, and of the case and other library, 
appurtenances thereof, shall be deemed to be vested 
in such trustees so as to enable them to maintain any 
action in relation to the same. It shall be their duty 
to preserve such books and keep them in repair ; and 
the expenses incurred for that purpose may be in- 
cluded in any tax list to be made out by them as 
trustees of a district, and added to any tax voted by 
a district meeting, and shall be collected and paid 
over in the same manner. The librarian of any dis- 
trict library shall be subject to the directions of the 
trustees thereof, in all matters relating to the preser- 
vation of the books and appurtenances of the library, 
and may be removed from office by them for willful 
disobedience of such directions or for any willful 
neglect of duty. 

§6. Trustees shall be liable to their successors, and Liability 
the librarian shall be liable to the trustees, for any fost^^^ 
neglect or omission of their respective duties, by injured, 
which any book shall be lost, destroyed or damaged, 
to the amount of such damage and the value of the 
book so destroyed or lost. 

§ 7. All moneys, recovered under the last preced- 
ing section, and all moneys received upon any policy 



68 ACT EELATING TO 

of insurance procured upon the library, and all fines 
and penalties imposed by or in pursuance of this 
title, shall be applied, by the trustees, in the pur- 
chase of books for, and in the reparation and care of 
the library. 

§ 8. Any two or more adjoining districts, with the 
consent of all the commissioners of the school com- 
missioner districts within which they lie, may, by a 
majority of votes in their several districts, unite their 
libraries, and apply their library moneys and funds 
to the care, reparation and augmentation of their 
joint library so form«^d. All the trustees of such 
districts shall be trustees of such library, with all 
the powers, duties and liabilities conferred and 
imposed by this title upon the trustees of a library 
of a district, and the librarian shall be appointed by 
them, and have the powers and be subject to the 
duties and liabilities conferred and imposed by this 
title upon the librarian of a district ; but upon the 
question of his appointment or removal, and upon 
any other question which may arise in the board 
of trustees, the trustee or trustees of each district 
shall have one vote only. All the districts owning 
such library shall be considered as a school district, 
and the library as a school district library, within 
the meaning of the subsequent provisions of this 
title. 

§ 9, The agreement forming a joint library may 
be terminated by the votes of all the several dis- 
tricts that made it, or by the votes of any one or 
more, of them less than the whole, provided a 
majority of the school commissioners within whose 
districts the school districts lie, advise and consent 
thereto, or the superintendent of public instruction 
BO order. 

§ 10. When such an agreement shall be dissolved, 
the truste.es of the several districts (the trustee or 
trustees of each district having only one vote) shall 
divide the library, and all the joint funds on hand, 
including all fines and penalties incurred, among the 
several districts ; and if they cannot agree, then such 
division shall be made by the commissioners within 



PUBLIC INSTEUOTIOK 69 

whose districts the school districts lie, or by some 
officer or person selected by the superintendent of 
public instruction. 

§ 11. The general regulations respecting the pres- f°^^^l 
ervation of school district libraries, the delivery of tions in 
them by librarians and trustees to their successors in mly^here- 
office, the use of them by the inhabitants of the dis- lytup^" 
trict, the number of volumes to be taken by any one intendeot. 
person at any one time or during any term, the periods 
of their return, the fines and penalties that may be 
imposed by the trustees of such libraries for not 
returning, for losing or destroying any of the books 
therein, or for soiling, defacing or injuring them, 
heretofore framed by the superintendent of public 
instruction, are continued in force, and he may, from 
time to time, amend, annul or add to them, and shall, 
from time to time, furnish printed copies of the regu- 
lations in force, and of such amendments, annul- 
ments and additions to the trustees of such libraries ; 
and all such regulations shall be obligatory upon 
all persons and officers having charge of such libra- 
ries, or using or possessing any of the books thereof. 
Such fines may be recovered in an action of debt, in usi™g^°'^^ 
the name of the trustees of any such library, of the ^^^•■^'■y- 
person on whom they are imposed, unless such per- 
son be a minor ; in wiiich case they may be recovered 
of the parent or guardian of such minor, unless notice 
in writing shall have been given by such parent or 
guardian to the trustees of such library, that they 
will not be responsible for any books delivered to 
such minor. And persons with whom such minors 
reside shall be liable, in the same manner and to the 
same extent, in cases where the parent of such minor 
does not reside in the district. 

§ 12. The superintendent of public instruction, superin- 

xT 1 J • ■l-^ tendent 

whenever he may deem proper, may require tlie may re- 
trustees of any such library to make to him or to ^ort?^^ 
the school commissioner, a report showing the con- 
tents and condition of the library, the fines imposed, 
and any other information which he may deem pro- 
per touching the library, or its management, and 
shall prescribe the form, contents and authentication 



70 ACT RELATING TO ' 

m^^bf of such report. And may impose it as a duty upon 
called up- the teachei' employed in any district, under the direc- 
S'lt.° *^" tion of the trustees, to assist them in making such 
examination, and when such direction is given, the 
teacher may close the school one day for the pur- 
pose of making such examination, and the same shall 
not be accounted as lost time. 

§ 13. If any such trustees willfully neglect or 
refuse to make any such report, the superintendent 
shall cause all library moneys to be withholden from 
the district until the report be made and considered 
by him, and such moneys shall, if he see cause, be for- 
feited by the district, in which case they shall be 
apportioned among the school districts of the county 
in which the library is situated, other than such 
school district. And any trustee or trustees, through 
whose neglect or refusal such moneys shall be lost 
to the district, shall forfeit and pay to the district 
twice the amount of such moneys,- for the benefit of 
the library of the district, and such forfeiture may 
be recovered by his or their successors in office. 

§ 14. The superintendent, whenever thereto re- 
quested by the trustees of any district school library, 
may select the library, or books for the library of 
the district, and cause the same to be delivered to 
the clerk of the county. 

§ 15. The act entitled "an act to provide for the 
distribution of standard works of American authors 
among the libraries of district schools," passed April 
twelfth, eighteen hundred and fifty-six, is hereby 
repealed. 



TITLE IX. 

OF UNIO:^' FREE SCHOOLS. 

Section 1. Whenever fifteen persons entitled to 
vote at any meeting of the inhabitants of any school 
district in the state, shall sign a call for a meeting, 
to be held for the purpose of determining whether a 
union free school shall be established therein, in con- 
formity with the provisions of this title, it shall be 



PUBLIC INSTEUCTIOF. 71 

the duty of tlie trustees of such district, within ten 
days after such call shall have been presented to 
them, to give public notice that a meeting of the 
inhabitants of such district, entitled to vote thereat, 
will be held for such purpose as aforesaid, at the 
school-house, or other more suitable place, in such 
district, on a day and at an hour in such notice to be 
specified, not more than twenty daj^s after the pub- 
lication of such notice. If the trustees shall refuse to when su- 
give such notice, or shall neglect to give the same for eTTma" '^' 
twenty days, the superintendent of public instruction ^JJ| no- 
may authorize and direct any inhabitant of said dis- 
trict to give the same. The qualifications of the Quaimca- 
inhabitants, entitled to vote at such meetings as now voters. 
by law expressed, shall be sufficient!}^ set forth in the 
notice aforesaid. 

*§ 2. Whenever such district shall correspond Formation 
wholly or in part with an incorporated village, in free'"^^"*^ 
which there shall be published a daily or weekly schools in 
newspaper, the notice aforesaid shall be given by tedviiia- 
posting at least five copies thereof, severally in vari- ^^^' 
ous conspicuous places in said district, at 1-east twenty 
days prior to such meeting, and by causing the same 
to .be published once a week for three consecutive 
weeks before such meeting, in all the newspapers 
published in said district. In other districts the said ^"g°*^tg 
notice shall be given by posting the same as aforesaid, 
and in addition thereto, the trustees of such district 
shall authorize and require any taxable inhabitant of 
the same, to notify every other inhabitant (qualified to 
vote as aforesaid), of such meeting, to be called as 
aforesaid, who shall give such notification in the 
manner and subject to the penalty prescribed in the 
case of the formation of a new school district by 
title seven of this act. 

§ 3. The reasonable expense of such notices, and Expense of 
of their publication and service, shall be chargeable go^^p|\^ 
upon the district, in case a union free school is estab- 
lished by the meeting so convened, to be levied and 
collected by the trustees, as in cases of taxes now 
levied for school purposes ; but in the event that 

♦As amended by sec. 1, chap. 50, Laws of 1876. 



72 



ACT RELATING TO 



Union free 
schools of 
two or 
more 
districts. 



Meetings, 
how or- 
ganized. 



May be ad- 
journed 
ten days. 



Majority 
vote to 
determine 
as to union 
free 
schools. 



such union free school shall not be established, then 
the said expense shall be chargeable upon the inhab- 
itants signing the call, jointly and severally, to be 
sued for if necessary in any court having jurisdiction 
of the same. 

*§ 4. Whenever fifteen persons, entitled as afore- 
said, from each of two or more adjoining districts, 
shall unite in a call for a meeting of the inhabitants 
of such districts, to determine whether such districts 
shall be consolidated by the establishment of a union 
free school therefor and therein, it shall be the duty 
of the trustees of such districts, or a majority of 
them, to give like public notice of such meeting, at 
some convenient place within such districts, and as 
central as may be, within the time, and to be pub- 
*lished and served in the manner set forth in the sec- 
ond section of this title, in each of such districts. 
The reasonable expenses of preparing, publishing 
and serving such notices shall be chargeable upon 
the union free school district, and be collected by 
tax, if a union free school shall be established pur- 
suant to such call but otherwise the signers of the 
call shall be jointly and severally liable for such ex- 
penses. The superintendent of public instruction 
may order such meeting under the conditions and in 
the manner prescribed in the hrst section of this title. 

t § 5. Any such meeting, held as aforesaid, shall be 
organized by the appointment of a chairman and 
secretary, and may be adjourned from time to time, 
by a majority vote, provided that such adjournment 
shall not be for a longer period than ten days, and 
whenever any such meeting, at which not less than 
fifteen persons entitled to vote thereat shall, by the 
affirmative vote of a majority present and voting, de- 
termine to establish a union free school in said district, 
pursuant to such notice, it shall thereupon be lawful 
for such meeting to proceed to the election, by ballot, 
of not less than three, nor more than nine trustees, 
who shall,by the order of such meeting, be divided 
into three several classes ; the first to hold until one, 



* As amended by sec. 15, chap. 647, Laws of 1865. 
+ As amended by sec. 3, chap. 50, Laws of 1876. 



PUBLIC INSTEUOTION. 73 

the second until two, and the third until three, years of trS'^ 
from the second Tuesday in October coincident with tees, and 
or following, except in the cases in the next section service, 
provided for ; and when the trustees so elected shall 
enter upon their office, the office of any existing trus- 
tee or trustees shall cease, except for the purposes 
stated in section eleven of title six of this act. The said ^^^^^^.fj^ 
trustees and their successors in office shall constitute how con-' 
the board of education of and for the union free school ^*i^*^*^- 
district for which they are elected, and the designa- 
tion of such district as union free school district num- 
ber , of the town of , shall be made by the 

school commissioner having jurisdiction of the dis- 
trict ; and the said board shall have the name and 

style of the board of education of (adding the 

designation aforesaid) ; copies of said call, minutes Copiesof 
of said meeting or meetings, duly certified by the fngs^to- 
chairman and secretary thereof, shall be by them, or aadm^ed!*^ 
either of them, transmitted and deposited, one to 
and with the town clerk, one to and with the school 
commissioner or commissioners in whose jurisdiction 
said districts are located, and one to and with the 
superintendent of public instruction ; but when at 
any such meeting the question as to the establishment 
of a union free school shall not be decided in the 
affirmative as aforesaid, then all further proceedings 
at such meeting, except a motion to reconsider or 
adjourn, shall be dispensed with, and no such meet- 
ing shall be again called within one year thereafter. 
* § 6. Whenever said board of education shall be 
constituted for any district or districts whose limits 
correspond with those of any incorporated village or 
city, the trustees so elected shall, by the order of 
such meeting, be divided into three several classes : 
the first class to serve until one, the second until two, 
and the third until three years after the day of the 
next charter election in such village or city, and their 
regular term of service shall be computed from the 
several days of such charter elections, and not from 
the second Tuesday in October. And thereafter there 

* Note.— In relation to election of officers in districts having more than 
300 children of school afre, see chap. 248, Laws of 1878, in the Appendix. 

10 



74 



ACT EELATING TO 



Boards of 
education 
created 
bodies cor- 
porate. 



Clerk, ap- 
pointmeut 
of, etc. 



Salary. 



Districts 
outside 
cities and 
TillageSiap- 
pointraent 
of treas- 
urer and 
collector 
for. 



shall be annually elected in sucli villages and cities, 
by separate ballot, to be indorsed " school trustees," 
in the same manner as the charter oflScers thereof, 
trustees of the said union free schools to supply the 
places of those whose terms by the classification 
aforesaid are about to expire. 

*§ 7. The said boards of education are hereby sev- 
erally created bodies corporate, and each shall, at 
its first meeting, and at each annual meeting there- 
after, elect one of their number president. They 
may, with the advice and consent of a majority of 
the legal voters entitled to vote on questions of tax- 
ation, to be had at an annual meeting of the inhab- 
itants, appoint a clerk to the board. Such appointed 
clerk must be a resident of the district, and a per- 
son other than a trustee or a teacher in the employ 
of the board. The clerk so appointed shall be the 
general librarian of the district, and also perform 
all the clerical and other duties pertaining to his 
office. For his services he shall be entitled to re- 
ceive a salary, which shall not be greater than 
twenty-five cents a year for each scholar, to be com- 
puted from the actual average daily attendance for 
the previous year, as set forth in the annual report 
to the school commissioner, or less, as in the best 
judgment of said legal voters to be had at such an- 
nual meeting ; such consent and approval not to be 
for a longer period of time than one year. In case 
no provision is made at an annual meeting of the 
inhabitants for the appointment and payment of a 
clerk, then and in that case the board will appoint 
one of their own number to act as clerk. In dis- 
tricts other than those whose limits correspond with 
those of any city or incorporated village, said board 
shall have power to appoint one of the taxable in- 
habitants of their district treasurer, and another 
collector of the moneys to be raised within the same 
for school purposes, who shall severally hold such 
appointments during the pleasure of the board. 
Such treasurer and collector shall each, and within 
ten days after notice in writing of his appointment, 



*As amendsd by chap. 161, Laws of 1877. This section (7) does not apply 
to the towns of Cortlandt and White Plains, Westchester county. 



PUBLIC INSTEUCTION. 75 

duly served upon him, and before entering upon 
the duties of his office, execute and deliver to the ^^^^^ ^^^ 
said board of education a bond, with such sufficient 
penalty and sureties as the board may require, condi- 
tioned for the faithful discharge of the duties of his 
office. And in case such bond shall not be given vacancies, 
within the time specified, such office shall thereby ^^'^• 
become vacant and said board shall thereupon, by 
appointment, supply such vacancy. 

§ 8. The corporate authorities of any incorporated 
village or city, in which any such union free school 
shall be established, shall have power and it shall 
be their duty, to raise, from time to time, by tax, 
to be levied upon all the real and personal property 
in said city or village, as by law provided for the 
defraying of the expenses of its municipal govern- 
ment, such sum or sums as the board of education 
established therein shall declare necessary for the 
furtherance of any of the powers vested in them by 
law. The sums so declared necessary shall be set 
forth in a detailed statement in writing, addressed to 
the corporate authorities by the board of education, 
giving the various purposes of anticipated expendi- 
ture, and the amount necessary for each ; and the 
said corporate authorities shall have no power to 
withhold the sums so declared to be necessary for 
teachers' wages and the ordinary contingent ex- 
penses of supporting the school or schools of said 
district. 

§ 9. In case the corporate authorities shall refuse 
to provide for any or all of the other purposes of 
expenditure declared necessary in the statement 
aforesaid, they shall communicate in writing to the 
said board of education their objections to each and 
every expenditure which they refuse to allow, 
and thereupon the said board of education shall 
cause the said communication to be published six 
times in at least one paper published or circulating 
in such district, and the said corporate authorities 
may, at any time, reconsider their action in refusing 
to allow such expenditures, or any of them, or may 
allow such other sums for any or all of such expendi- 



76 ACT RELATING TO . 

tares as the board of education in any subsequent 
or modified statement may recommend. The annual 
meeting of the board of education of every union 
free school district shall be held on the third Tuesday 
of October in each year, 
an^uafand § ^^- A majority of the voters of any union free 
special school district other than those whose limits corre- 
meetmgs. gp^j^^ ^j|.|j ^^ incorporated city or village, present at 
any annual or special district meeting, duly convened, 
may authorize such acts, and vote such taxes as they 
shall deem expedient for making additions, altera- 
tions or improvements to or in the sites or struct- 
ures belonging to the district, or for the purchase of 
other sites or structures, or for the erection of new 
buildings, or for buying apparatus or fixtures, or 
for paying the wages of teachers and the necessary 
expenses of the school, or for such other purpose 
relating to the support and welfare of the school ■ as 
they may, by resolution, approve ; and they may 
direct the moneys so voted to be levied in one sum, 
or by installments ; and the board of education shall 
make out their tax list, and attach their warrant 
thereto, in the manner provided in article seven 
of title seven of this act, for the collection of school 
district taxes, and shall cause such taxes or such 
installments to be collected at such times as they 
shall become due. No vote to raise money shall be 
rescinded, nor the amount thereof be reduced at any 
subsequent meeting, unless the same be done within 
ten days after the same shall have been first voted. 
All moneys § "'- ^ ' -^^7 uiouey s required to pay teachers' wages in 
toberaised a uniou free school, or in the academical department 
and*iK)t by thereof , after the due application of the school moneys 
rate bill, thereto, shall be raised by tax, and not by rate bill. 
Every such §12- Every uuiou free school district shall, for all 
sch*ooi*dis- ^^® purposes of the apportionment and distribution 
triet. of school moueys, be regarded and recognized as a 

school district. 
Board of § 13. The Said board of education of every union 
the^'*'^*""' free school district shall severally have power : 
To^make "*"' "^^ V^^^ such by-laws as they may deem proper 
by-laws.^ for the regulation and exercise of their lawful busi- 
ness and powers. 



PUBLIC INSTRUCTION. 77 

2. To establish such rules and regulations con- ^trdrsci- 
cerning the order and discipline of the school or pHne of 
schools, in the several departments thereof, as they 

may deem necessary to secure the best educational 
results. 

3. To grade and' classify the school or schools of to grade 
the district, and to regulg-te the admission of pupils gify.^^*^ 
and their transfer from one class or department to 
another, as their scholarship shall warrant. 

4. To prescribe the text-books to be used in the Topre- 
schools, and to compel a uniformity in the use of furn^lh"*^ 
the same, and to furnish the same to pupils out of ^^^^^ 
any moneys provided ibr that purpose. 

5. To take charge and possession of the school- to have 
houses, sites, lots, furniture, books, apparatus, and aiil^roper- 
all school property within their respective districts ; *'®^- 
and the title of the same shall be vested respectively 

in said board of education, and the same shall not 
be subject to taxation for any purpose. 

6. To take and hold for the use of the said schools J°ai^°g^jg 
or of any department of the same, any real estate 
transferred to it by gift, grant, bequest or devise, or 

any gift, legacy or annuity, of whatever kind, given 
or bequeathed to the said board, and apply the 
same or the interest or proceeds thereof, according 
to the instructions of the donor or testator. 

7. To have, in all respects, the superintendence, j^stfln^a" 
management and control of said union free schools, demicai 
and to establish in the same an academical depart- menr' 
ment, whenever in their judgment the same is 
warranted by the demand for such instruction ; to 
receive into said union free schools any pupils resid- 
ing out of said districts, and to regulate and estab- 

■ lish the tuition fees of such non-resident pupils in 
the several departments of said schools, to provide 
fuel, furniture, apparatus and other necessaries for 
the use of said schools, and to appoint such librari- 
ans as they may, from time to time, deem necessary, 

*S. To contract with and employ qualified teach- Tocon- 
ers in the several departments of instruction, in all an^d'em-^ 
not less than one for every fifty pupils attending P^g^^^^^^' 

, — __ — _ _ — — remove 

*As amended by section 17, chapter 647, Laws of 1865. them . 



T8 ACT RELATING TO 

sncli schools; to remove tliem at any time for neg- 
lect of duty or for immoral conduct, and to pay the 
wages of such teachers out of the moneys appropri- 
ated for that purpose. 
To All va- ^' "^^ ^^^ ^^7 vacancy which may happen in said 
canciesin board by reason of the death, removal or refusal to 
the board, g^j.^^ ^f ^^j member or officer of said board ; and 
the person so appointed in the place of any such 
member of the board shall hold his office until the 
next election of trustees, as by this act provided. 
To remove 10- To remove any member of their board for offi- 
of^toe*^^^ cial misconduct. But a written copy of all charges 
board. made of such misconduct shall be served upon him 
at least ten days before the time appointed for a hear- 
ing of the same ; and he shall be allowed a full and 
fair opportunity to refute such charges before re- 
moval. 
To have all H- And generally to possess all the powers and 
fnwtees^of pi'ivileges, and be subject to all the duties in respect 
school dis- to the schools, or the common school departments in 
o" mis^tees any union free school in said districts, which the trus- 
fggf^^*^®°^" tees of common schools now possess or are subject 
to, not inconsistent with the provisions of this title ; 
and to enjoy, whenever an academical department 
shall be by them established, all the immunities and 
privileges now enjoyed by the trustees of academies 
in this state. 
Ma call § ■^^- ^^ union free school districts other than those 
special whose liiuits correspond with any city or incorporated 
meetings, yj^jg^gg^ ^j^g board of educatiou shall have power to 
call special meetings of the inhabitants, in the man- 
neB^ provided in section six of title seven of this act, 
for calling special meetings of districts by trustees, 
and they shall give notice of the time and place of 
anauai* holdiug the auiiual school district meeting, which 
meeting, shall be held on the second Tuesday of October in 

each year. 
Board to § 15. It sliall be the duty of the board at the an- 
mat°es^of ^' ^^^^ meeting of the district, besides any other report 
expenses or statement required by law, to present a detailed 
meetfng!^ Statement in writing of the amount of money which 
will be required for the ensuing year for school pur 
poses exclusive of the public moneys, specifying the 



PUBLIC INSTKUCTION. 79 

several purposes for which it will be required, and 
the amount for each, but nothing in tliis section con- May make 
tained shall be construed to prevent the board from ment^ar^" 
presenting such statement at any special meeting anytime, 
called for the purpose, nor from presenting a supple- 
mentary and amended statement or estimate at any 
time. 

§ 16. After the presentation of such statement, the i^hlbu-"^ 
question shall be taken upon voting the necessary ants 
taxes to meet the estimated expenditures, and when *'^®^®"'^"'^ 
demanded by any voter present, the question shall 
be taken upon each item separately, and the inhab- 
itants may increase the amount of any estimated 
expenditures orreduce the same, except for teachers' 
wages, and the ordinary contingent expenses of the 
school or schools. 

§ 17. If the inhabitants shall neglect or refuse to when 
vote the sum or sums estimated necessary for teach- feTy ta™'^'^ 
ers' wages, after applying thereto the public school Y'P^^^f^^j, 
moneys, and other moneys received or to be received Jnhlblt- 
for that purpose, provided such estimate shall be for ^'^*®" 
no more than one teacher for each fifty pupils attend- 
ing such school, or if they shall neglect or refuse to 
vote the sum or sums estimated necessary for ordi- 
nary contingent expenses, the board of education 
may levy a tax for the same, in like manner as if the 
same had been voted by the inhabitants. ' 

§ 18. If any question shall arise as to what are superin- 
ordiaary contingent expenses the same may be re- ^®e"f|eln° 
ferred to the superintendent of public instruction, question 
by a statement in writing, signed by one or more of a?e*°'Ion- 
each of the opposing parties upon the question, and p^ns^e's^^^" 
the decision of the superintendent shall be conclusive. 

§ 19. It shall be the duty of each of the said boards Board to 
of education, elected pursuant to the provisions of hi^eaX^® 
this title, to have a regular meeting at least once in q^ianer. 
each quarter, and at such meetings to appoint one ^.^.^ 
or more committees, to visit every school or depart- schools, 
ment under the supervision of said board, and such ®'^°' 
committees shall visit all said schools at least twice 
in each quarter, and report at the next regular meet- 
ing of the board on the condition and prospects 
thereof. 



80 ACT RELATING TO 

Sfre^o°f^'" § 2^- I^ shall also be the duty of said boards, 
money . respectively, to have reference in all their expendi- 
tures and contracts to the amount of moneys which 
shall be appropriated, or subject to their order or 
drafts, during the current year, and not to exceed 
that amount. And said boards shall severally apply 
all the moneys apportioned to the common school 
districts under their charge, to the departments 
below the academical ; and all moneys from the 
literature fund or otherwise, appropriated for the 
support of the academical department, to the latter 
departments. 
Moneys to g 21. All moneys raised for the use of the union 
to vii- " free schools in any city or incorporated village, or 
treasury!*^ apportioned to the same from the income of the litera- 
ture, common school or United States deposit funds, 
or otherwise, shall be paid into the treasury of suck 
city or village, to the credit of the board of educa- 
tion therein ; and the funds so received into such 
treasury shall be kept separate and distinct from any 
other funds received into the said treasury. And 
the officer having the charge thereof shall give such 
additional security for the safe custody thereof as 
the corporate authorities of such city or village shall 
Moneys, require. No money shall be drawn from such funds, 
credited to the several boards of education, unless 
in pursuance of a resolution or resolutions of said 
board, and on drafts drawn by the president and 
countersigned by the secretary, payable to the order 
of the person or persons entitled to receive such 
money, and stating on their face the purpose or 
service for which such moneys have been authorized 
to be paid by the said board of education. 
Payment, § 22. All moueys raised for the use of said union 
mentlfaiid free scliools, other than those whose limits corre- 
account- spond witli those of any cities and incorporated 
school villages, or apportioned from the income of the 
moneys, literature or common school or United States 
deposit funds, or otherwise, shall be paid to the 
respective treasurers of the said several boards of 
education entitled to receive the same, and be by 
them applied to the uses of said several boards, 
who shall annually render their accounts of all 



PUBLIC INSTEUCTION. 81 

moneys received and expended by them for the use 
of said schools, with every voucher for the same, 
and certified copies of all orders of the said board 
touching the same, to the school commissioner of 
the town in which the principal school -house of the 
district is located. 

§ 23. Every academical department, established ^aTdepan- 
as aforesaid, shall be under the visitation of the ment 
regents of the university, and shall be subject, in regents. ^ 
its course of education and matters pertaining 
thereto (but not in reference to the buildings or 
erectiens in which the same is held ), to all the regu- 
lations made in regard to academies by the said 
regents. In such departments the qualifications for Quaiiflca- 
the entrance of any pupil shall be as high as those puphs. 
established by the said regents for participation in 
the literature fund of any academy of the state under 
their supervision. 

§ 24. Whenever a union free school shall be estab- May adopt 
lished under the provisions of this title, and there Icidelify, 
shall exist within its district an academy, the board ^herefor!^ 
of education, if thereto authorized by a vote of the 
voters of the district, may adopt such academy as 
the academical department of the district, with the 
consent of the trustees of the academy, and there- 
upon the trustees, by a resolution to be attested by 
the signatures of the officers of the board, and filed 
in the office of the clerk of the county, shall declare 
their offices vacant, and thereafter the said academy 
shall be the academical department of such union 
free school. 

§ 25. Every union free school district, in all its subject to 
departments, shall be subject to the visitation of the f^P|^jft"of 
superintendent of public instruction. He is charged public in- 
with the general supervision of its board of educa- s*^"°'"''i- 
tion and their management and conduct of all its 
departments of instruction. And every board of Board shaii 
education shall annually, between the first and fif- ntfalfj tlf' 
teenth day of October, make, to the commissioner school 
having jurisdiction, and deposit in the town clerk's sioner. 
office, a report for the preceding school year, of all 
matters and things which trustees of a school district 
are required to report, and of all such other matters 
11 



82 ACT RELATING TO 

and things as the superintendent shall, from time to 
superin- time, require ; and shall also, whenever thereto 
may re-* required by the superintendent of public instruction, 
quire spec- report fuUj to him upon any particular matter or 
la repor . ^Yiin^ ; and such reports shall be in such form, and 
so authenticated, as the superintendent shall, from 
time to time, require. 
Su erin § ^^" ^^^ cause showu, and after giving notice of 

tendent' the cliarge and opportunity of defense, the superin- 
Sovelny teudeut of public instruction may remove any mem- 
toe°boM-d^ ber of a board of education. Willful disobedience 
of any lawful requirement of the superintendent, or 
a want of due diligence in obejdng such require- 
ment, is cause of removal. 
This title § 27. The provisions of this title shall apply to all 
schoois*es- "union free schools heretofore organized pursuant to 
tabi^shed the provisious of chapter four hundred and thirty- 
act of i853. three of the laws of eighteen hundred and fifty- 
three. 



TITLE X. 

OF SCHOOLS FOK COLORED CHILDEEjST. 

Colored Sectioist 1. The scliool authorities of any city or 
cities and Incorporated village, the schools of which are or shall 
villages, be Organized under title nine of this act or under 
special acts, maj^, when they shall deem it expedient, 
establish a separate school or separate schools for 
the instruction of children and youth of African 
descent, resident therein, and over five and under 
twenty-one years of age ; and such school or schools 
shall be supported in the same manner and to the 
same extent as the school or schools supported 
therein for white children, and they shall be sub- 
ject to the same rules and regulations, and be fur- 
nished with facilities for instruction equal to those 
furnished to the white schools therein. 
Colored _ § 2. The trustees of any union school district, or 
mlioa'free ^f any school district organized under a special act, 
scbooi^ may, when the inhabitants of any school district shall 
so determine, by resolution at any annual meeting, 



PUBLIC mSTEUCTION. 83 

or at a special meeting called for that purpose, estab- 
lish a separate school or separate schools for the 
instruction of such colored children resident therein, 
and such schools shall be supported in the same 
manner, and receive the same care, and be furnished 
with the same facilities for instruction as the white 
schools therein. 

§ 3. No person shall be employed to teach any Teacher 
of sucli schools who shall not, at the time of such must be 
employment, be legally qualified. q^uaimed. 

§ 4. Section one hundred and forty-seven of chap- Former act 
ter four hundred and eighty, laws of eighteen hun- repealed. 
dred and forty-seven, is hereby repealed. 



TITLE XL 

OF teachers' ITiTSTITUTES. 

SECTioisr 1. It shall be the duty of every school commis- 

, , , . •', , •' . sioner to- 

commissioner, at least once m each, year, to organize hoidauin- 
in his own district, or, in concert with one or more ^*'*"*®' 
commissioners in the same county, to organize 
in and for the combined districts, a teachers' institute, 
and to induce, if possible, all the teachers in his dis- 
trict to be present and take part in its exercises. 

§ 2. The commissioner or commissioners, subject Togive 
always to the advice and direction of the superin- ^^^f °o*i'=®' 
tendent of public instruction, shall, in such form 
and manner as may be deemed most eifectual, give 
public notice to the teachers of the district, or com- 
bined districts, and to all others who may desire to 
become such, of the time when and the place where 
the institute will be organized. 

§ 3. The superintendent of public instruction shall superin- 
advise and co-operate with the school commissioners advfs^e^* *° 
in fixing the times and places of holding the teach- employ 
ers' institute; and he shall have power to employ, or etc? ^^^' 
canse the school commissioners to employ, suitable 
persons, at a reasonable compensation, to conduct 
and teach the institutes ; and he shall visit, or cause 
to be visited by persons employed in the department 
of public instruction, such and so many of the in- 



84 



ACT EELATING TO 



To estab- 
lish the 
bases 
of appor- 
tionment. 



Superin- 
tendent 
may estab- 
lish regula- 
tions. 



Teachers 
may close 
school and 
not vitiate 
contract. 



Trustees to 
allow 
teacher 
time at in- 
stitute. 



stitutes as he possibly can, for the purpose of ex- 
amining into the course and manner of instruction 
pursued, and of rendering such assistance as he may 
find expedient; and he shall establish the bases 
upon which the yearly appropriation for the sup- 
port of teachers' institutes shall be distributed to 
the several institutes, and the term or terms during 
which the same may be held, having reference, in 
the establishment of such regulations, to the num- 
ber of teachers in the county, district or combined 
districts, and in attendance at the institute, to the 
length of time during which they shall be held, 
to the facilities for attendance upon them, and to 
local disadvantages requiring especial considera- 
tion. 

§ 4. The superintendent of public instruction may 
establish such regulations in regard to certificares 
of qualification or recommendation, which may be 
issued by school commissioners, as will in his judg- 
ment furnish incentives and encouragement to teach- 
ers to attend the institutes ; and the closing of his 
school by a teacher for the time during which an 
institute shall be held in and for the county or school 
commissioner district in which his school is, and 
which institute he shall have attended during the 
time for which he closed his school, shall not work 
a forfeiture of the contract under which he is teach- 
ing ; and he shall be allowed to make up for the time 
spent in attending the institute, by teaching the 
echool the same length of time immediately at the 
end of the term for which he contracted to teach. 

* § 5. The trustees of every school district are 
hereby directed to give the teacher or teachers em- 
ployed by them the whole of the time spent by such 
teacher or teachers in attending at any regular ses- 
sion or sessions of an institute in a county embrac- 
ing the school district, or a part thereof, without 
deducting any thing from his or their wages for the 
time so spent ; and whenever the trustees' report 
shows that a district school has been supported for 
the full time required by law, including the time 



♦ As amended by sec. 33, chap. 406, Laws of 1867. 



PUBLIC INSTEUOTION. 85 

spent by the teacher or teachers in their employ in ^^^I^IPher 
attendance upon such institute, and that the trustees at institute 
have given the teacher or teachers the time of such ported?" 
absence, and have not deducted any thing from his 
or their wages on account thereof, the superintendent 
of public instruction may include the district in his 
apportionment of the state school moneys, and direct 
that it be included by the school commissioner or 
commissioners in their apportionment of school 
moneys, provided always that such school district 
be in all other respects entitled to be included in such 
apportionment. 

§ 6. The treasurer shall pay, on the warrant of the Mode of 
comptroller, to the order of any one or more of the 1'^^™®°*- 
school commissioners, such sum or sums of money 
as the superintendent of public instruction shall 
certify to be due to them for expenses in holding a 
teachers' institute ; and, upon the like warrant and 
certificate, to the order of any persons employed by 
the superintendent to conduct and teach any teachers' 
institute, his reasonable compensation as certified by 
the superintendent. 

§ 7. The school commissioner or commissioners by to trans- 
whom any teachers' institute shall be organized, iSgue'^and 
shall transmit to the superintendent of public in- [f,P'^supe''r. 
struction a catalogue of the names of all persons intendent. 
who shall have attended such institute, with such 
other statistical information, in such form and within 
such time as may be prescribed by said superin- 
tendent. 

TITLE XIL 

GIST APPEALS TO THE SUPERHSTTENDElSrT OF PTTBLIC 
INSTRUCTION. 

Section 1. Any person conceiving himself ag- Any person 
grieved in consequence of any decision made : ^eli.^^' . 

1. By any school district meeting ; From 

2. By any school commissioner or school commis- ^^^^' 
sioners and otlier officers, in forming or altering, or 
refusing to form or alter, any school district, or in 
refusing to apportion any school moneys to any such 
district or part of a district ; 



86 



ACT EELATING TO 



Ibid. 



Ibid. 
Ibid. 



Superin- 
tendent's 
decision 
final. 

Power of 
superin- 
tendent. 



Superin- 
tendent 
shall file 
papers. 



Copies of 
decision 
may be at- 
tested by 



3. By a supervisor in refusing to pay any such 
moneys to any such district ; 

4. By the trustees of any district in paying or re- 
fusing to pay any teacher, or in refusing to adinit any 
scholar gratuitously into any school ; 

5. By any trustees of any school district library 
concerning such library, or the books therein, or the 
use of such books ; 

6. By any district meeting in relation to the library ; 
Y. By any other official act or decision concerning 

any other matter under this act, or any other act 
pertaining to common schools, may appeal to the 
superintendent of public instruction, who is hereby 
authorized and required to examine and decide the 
same ; and his decision shall be final and conclusive, 
and not subject to question or review in any place 
or court whatever. 

§ 2. The superintendent, in reference to such ap- 
peals, shall have power : • 

1. To regulate the practice therein ; 

2, To determine whether an appeal shall stay pro- 
ceedings, and prescribe conditions upon which it 
shall or shall not so operate; 

8. To decline to entertain, or dismiss, an appeal, 
when it shall appear that the appellant has no inter- 
est in the matter appealed from, and that the matter 
is not a matter of public concern, and that the person 
injuriously affected by the act or decision appealed 
from is incompetent to appeal; 

4. To make all orders, by directing the levying of 
taxes or otherwise, which may, in his judgment, be 
proper or necessary to give effect to his decision. 

§ 3. The superintendent shall file, arrange in the 
order of time, and keep in his office, so that they may 
be at all times accessible, all the proceedings on every 
appeal to him under this title, including his decision 
and orders founded thereon ; and copies of all such 
papers and proceedings, authenticated by him under 
his seal of office, shall be evidence equally with the 
originals. 



PUBLIC INSTRUCTION. 87 



TITLE XIIL 

MISCELLANEOUS PROVISIONS. 

Section 1. Whenever the share of school moneys school 
or any portion thereof, apportioned to any town, penTitfes 
school district or separate neighborhood, or any fogg*'^®^'" 
money to which a town, school district or separate 
neighborhood would have been entitled, shall be lost, 
in consequence of any willful neglect of official duty 
by any school commissioner, town clerk, trustees or 
clerks of school districts, the officer or officers guilty 
of such neglect shall forfeit to the town, school dis- 
trict or separate neighborhood so losing the same, 
the full amount of such loss with interest thereon. 

§ 2. Where any penalty for the benefit of a school ^'^'^f'*f [°^ 
district, or of the schools of any school district, town, prosecute. 
school commissioner district, or county, shall be 
incurred, and the officer or officers whose duty it is 
by law to sue for the same shall willfully and unrea- 
sonably refuse or neglect to sue for the same, such 
officer or officers shall forfeit the amount of such 
penalty to the same use, and it shall be the duty of 
their successor or successors in office to sue for the 
same. 

* § 3. Any person who shall willfully disturb, in- Penaityfor 
terrupt or disquiet any district school or school meet- scho"o1 or^ 
ing in session, or any persons assembled, with the Meeting. 
permission of the trustees of the district, in any dis- 
trict school-house, for the purpose of giving or re- 
ceiving instruction in any branch of education or 
learning, or in the science or practice of music, shall 
forfeit twenty -five dollars, for the benefit of the school 
district. 

§ 4. It shall be the duty of the trustees of the dis- P^o'^edure. 
trict, or the teacher of the school, and he shall have 
power, to enter a complaint against such offender be- 
fore any justice of the peace of the county, or the 
mayor or any alderman, recorder or other magistrate 
of the city wherein the offense was committed. The 
magistrate or other officer before whom the complaint 

* As amended by sec. 24, chap. 406, Laws of 1867. 



88 ACT EELATING TO 

is made, shall thereupon by his warrant, directed to 
any constable or person, cause the person complained 
of to be arrested and brought before him for trial. 
If such person, on the charge being stated to liim, 
shall plead guilty, the magistrate shall convict him ; 
and, if he demands a trial by the magistrate, shall 
summarily try him ; and, if he demands a trial by 
jury, the magistrate shall issue a venire, and impanel 
a jury for his trial, and he sliall be tried in the same 
manner as in a court of special sessions. 
Penalty. § 5. If any person convicted of the said offense do 
not immediately pay the penalty, with the costs of 
the prosecution, or give security to the satisfaction 
of the magistrate for the payment thereof within 
twenty days, the magistrate or other officer shall 
commit him to the common jail of the county, there 
to be imprisoned until the penalty and costs be paid, 
but not exceeding thirty days. 

§ 6. In any action against a school officer or offi- 
^iraVnsT cers, including supervisors of towns, in respect of 
officers their duties and powers under this act, for any act 
performed by virtue of or under color of their offices, 
or for any refusal or omission to perform any duty 
enjoined by law, and which might have been the 
subject of an appeal to the superintendent, no costs 
shall be allowed to tlif^ plaintiff, in cases where the 
court shall certihy that it appeared on the trial that 
the defendants acted in good faith. But this pro- 
vision shall not extend to suits for penalties, nor to 
suits or proceedings to enforce the decisions of the 
superintendent. 

*§ 7. Whenever the trustees of any school district 
or any school district officer or officers have been 
or shall be instructed by a resolution of the district 
at a meeting called for that purpose, to defend any 
action brought against them, or to bring or defend 
an action or proceeding touching any district prop- 
erty or claim of the district or involving its rights 
or interests, or to continue any such action or de- 
fense all their costs and reasonable expenses, as well 
as all costs and damages adjudged against them, 

* As amended by ('hap. 171, Laws of 1ST8. 



PUBLIC INSTEUOTION". 89 

shall be a district charge and shall be levied by tax. 
If the amount claimed by them be disputed by a dis- 
trict meeting it shall be adjusted by the county judge 
of any county in which the district or any part of it is 
situated. 

§ 8. Whenever such trustees or any school district Action 
officer shall have brought or defended any such direction 
action or proceeding, without any such resolution esp'^Jnses^*' 
of the district meeting, and after the final determina- how paid, 
tion of such suit or proceeding, shall present to any 
regular meeting of the inhabitants of the district an 
account in writing of all costs, charges and expenses 
paid by him or them, with the items thereof, and 
verified by his or their oath or affirmation, and a 
majority of the voters at such meeting shall so direct, 
it shall be the duty of the trustees to cause the same 
to be assessed upon and collected of the taxable prop- 
erty of said district, in the same manner as other 
taxes are by law assessed and collected ; and when 
so collected, the same shall be paid over, by an order 
upon the collector, to the officer or officers entitled to 
receive the same ; but this provision shall not extend 
to suits for penalties, nor to suits or proceedings to 
enforce the decisions of the superintendent of pub- 
lic instruction. 

*§ 9. Whenever an officer or officers mentioned in when the 
the last preceding section of this act shall have com- fufe"!' whit 
plied with the provisions of said section, and the action, 
inhabitants shall have refused to direct the trustees 
to levy a tax for the payment of the costs, charges 
and expenses therein mentioned, it shall be lawful 
for him or them then and there to give notice orally 
and publicly, that he will appeal to the county judge 
of thf^ county, and in case of his disability to act in 
the matter by being disqualified or otherwise, then 
to the district attorney of the county in which the 
school-house of said district is located, from the re- 
fusal of said meeting to vote a tax for the payment 
of said claim, and the inhabitants may then and 
there, or at any subsequent district meeting, appoint 
one or more of the inhabitants of the district to pro- 

* As amended by sec. 1, chap. 746, Laws of 1871. 

12 



90 ACT RELATING TO 

tect the rights and interest of the district upon said 
appeal. And the officer or officers before mentioned 
shall thereupon, within ten days, serve upon the 
clerk of said district (or if there be no such clerk, 
upon the town clerk of the town) a copy of the afore- 
said account, so sworn to, together with a notice, in 
writing, that on a certain day therein specihed he or 
they intend to present such account to the county 
judge or to the district attorney, as the case may be, 
for settlement. And the clerk shall record such 
notice, together with the copy of the account, and 
the same shall be subject to the inspection of the in- 
habitants of the district. And it shall be the duty 
of the person or persons appointed by any district 
meeting for that purpose, to appear before the county 
judge or the district attorney, as the case may be, 
on the day mentioned in the notice aforesaid,. and to 
protect the rights of the district upon such settle- 
ment ; and the expenses incurred in the performance 
of this duty shall be a charge upon said district, and 
the trustees, upon presentation of the account of 
such expenses, with the proper voucher therefor, 
may levy a tax therefor, or add the same to any 
other tax to be levied by them ; and their refusal to 
levy said tax for the payment of said expenses shall 
be subject to an appeal to the superintendent of pub- 
lic instruction. 

*§ 10. Upon the appearance of the parties, or upon 
due proof of service of the notice and copy of the 
account, the county judge shall examine into the 
matter and hear the proofs and allegations pro- 
pounded by the parties, and decide by order whether 
or no the account, or any and what portion thereof, 
ought justly to be charged upon the district, with 
costs and disbursements to such officer or officers, 
in his discretion, which costs and disbursements 
shall not exceed the sum of thirty dollars, and the 
decision of the county judge shall be final ; but no 
portion of such account shall be so ordered to be 
paid which shall appear to such judge to have arisen 
from the willful neglect or misconduct of the claim- 
ant. The account, with the oath of the party claim - 

* As amended by chap. 514, Laws of 1874. 



PUBLIC INSTRUCTION. 91 

ing the same, shall be prima facie evidence of the 
correctness thereof. The county judge may adjourn 
the hearing from time to time, as justice shall seem 
to require. 

§ 11. It shall be the duty of the trustees of any 
school district, within thirty days after service of a 
copy of such order upon them or upon the district 
clerk, and notice thereof to them or any two of them, 
to cause the same to be entered at length in the book 
of records of said district, and to raise the amount 
thereby directed to be paid, by a tax upon the dis- 
trict, to be by them assessed and levied in the same 
manner as a tax voted by the district. 

§ 12. For the support of the Indian schools, al- Indian 
ready established and which may be established, schools, 
under authority of chapter seventy-one of the laws 
of eighteen hundred and fifty -six, the superintendent 
of public instruction, in his annual general appor- 
tionment of the state school moneys appropriated 
for the support of common schools, shall make an 
equitable apportionment, as provided by section six 
of title three of this act ; and the moneys which 
shall be thus apportioned, and those which have been 
apportioned for their support, under authority of 
section four, chapter seventy-one of the laws of 
eighteen hundred and fifty-six, shall be paid out of 
the treasury for expenditures authorized by law and 
actually incurred in the support of such schools, 
upon the warrant of the superintendent, counter- 
signed by the comptroller. 

§ 13. The superintendent of public instruction, so pubiica- 
soon as may be after the passage of this act, shall *|fis^4t- 
prepare and cause to be printed, and distribute ute, etc. 
among the school districts of the state, to each one 
copy, an edition of this statute, with brief annotations 
embodying such of the decisions of the courts of the 
*state, and of the superintendents of common schools 
and the superintendents of public instruction as are 
applicable thereto, and such comments, explanations 
and instructions as he shall deem necessary or expe- 
dient, and the same shall be deposited with the 
district clerk, and kept by him for the *tise of the 
inhabitants. 



92 



ACT EELATING TO 



§ 14. All provisions of law repugnant to or incon- 
sistent with the provisions of this act, are hereby- 
repealed, saving always all rights of action vested 
under such prior provisions, and proceedings com- 
menced for the assertion thereof ; but nothing herein 
contained, unless it be so expressed, shall be con- 
strued, unless by inevitable implication, to revive any 
act or portion of an act heretofore repealed ; nor to 
impair or in any manner affect or change any special 
law touching the schools or school system of any city 
or incorporated village of the state. 



The rate 
bills here- 
tofore au- 
thorized 
by special 
acts abol- 
ished. 
Local tax 
of city 
cannot be 
increased. 



The two following paragraphs, amendatory of the 
General School Act, but not of any particular 
title thereof, were passed as sections 26 and 27, 
of chap. 406, Laws of 1867. 

Hereafter all moneys now authorized by any 
special acts to be collected by rate bill for the pay- 
ment of teachers' wages, shall be collected by tax, 
and not by rate bill. , 

Nothing in this act contained shall be construed 
to authorize the common council of any city to in- 
crease the local city tax for the support of the schools 
therein, beyond the amounts they are now author- 
ized by law to raise for local school purposes, and 
such local tax shall be reduced in such city, by an 
amount equal to the amount it shall receive by the 
additional tax authorized by this act, for the support 
of schools in the state generally. 



APPENDIX. 93 



APPENDIX. 



*CHAP. 8 

AN ACT to provide for the appraisal of, and acquir- 
ing title to lands taken for or in addition to sites 
for district school-houses. 

Passed April 25, 1866 ; tliree-fifths being present. 

TTie People of the State of New York, represented 
in Senate and Assembly^ do enact as follows : 

SECTioiir 1. Land for the site of a district school- j^^nd, or 
house, or additional land adjoining to and for the f^^^^^j^^o"*' 
enlargement of an established site, not exceeding one stte. 
acre, may be acquired in cases where the owner or 
owners thereof, or some of them, shall not consent to 
sell the same for such purpose, or the trustee or trus- 
tees of the district cannot agree with such owner or 
owners, or some of them, upon the price or value 
thereof, as follows : 

A petition shall be prepared for presentation to the ^^^^ ^^ 
county court of the county in which the land is situ- procedure, 
ated, at some regular term thereof, signed by the 
trustee or trustees of the district, or a majority of 
them, setting forth that the inhabitants of the dis- 
trict have designated or desire to obtain the land for 
the site of a district school-house, or in addition to 
and for the enlargement of that already established 

* As amended by chap. 819, Laws of 1867, and chap. 329, Laws of 1871. 



94 APPENDIX. 

as such site, describing such land by its locality and 
by particular metes and bounds, stating the quantity 
thereof as nearly as may be, with the name or names, 
and place or places of residence of the owner or 
owners, and that the consent of such owner or own- 
ers, or some of them, to sell such land for said pur- 
pose, cannot be obtained, or that the trustee or 
trustees cannot agree with him or them, or some of 
them, upon a reasonable price therefor, and prajnng 
for the appointment of commissioners to appraise 
the same. 

" Said petition shall be filed in the office of the 
county clerk of the county in which the land is situ-- 
ated, and at the time of filing thereof, or at any time 
afterwards, the petitioners may cause a notice of the 
pendency of the proceedings to be filed in said office, 
which notice the county clerk shall file and record 
in the same manner that similar notices in actions in 
the supreme court are required to be filed and re- 
corded ; which notice shall state the object of the 
proceeding, and contain a description of the land 
and the names of the parties affected thereby. And 
all persons who shall acquire in whatsoever way, 
any title to, interest in, lien or incumbrance upon said 
land, after the filing of the notice 'of the pendency 
of the proceedings as aforesaid, shall be bound and 
affected by said proceedings in the same manner and 
to the same extent as if they had been named in the 
petition as parties thereto ; and said persons shall 
also be bound in the same manner and to the same 
extent, by notice of the existence of said proceeding, 
whether notice of the pendency thereof has been filed 
or not. The petitioners may appear and prosecute 
such proceedings by an attorney." 

A copy of said petition with a notice thereto an- 
nexed of the time and place when and where the 
same will be presented to said county court, ad- 
dressed to the owner or owners of the required lands, 
shall be served in all cases, except as hereinafter 
allowed, as follows : Upon each person to whom 
the notice is addressed, who resides in the county in 
which the land is situated, by delivering to each such 
person, or in case of his absence, by leaving at his 



APPENDIX. 95 

dwelling-house or usual place of abode or business, 
such copy and notice, at least thirty days before the 
day specified in the notice for the presentation of the 
petition. Upon each such person who shall reside 
out of such county, by depositing such copy and no- 
tice in one of the post-offices nearest to said land, 
directed to such person at his reputed place of resi- 
dence, and paying the proper postage thereon, at 
least forty days before the day specified in the notice 
for the presentation of the petition, if such place 
of residence be within this state, and at least sixty 
days before that day if such place of residence be 
out of this state, except that if such place of resi- 
dence be in the upper peninsula of Michigan, or in 
any state or territory of the United States west of 
the Mississippi river, except the states of Iowa, Mis- 
souri, Arkansas and Louisiana or any place out of 
the jurisdiction of the United States, then at least 
four months before such specified day of presenta- 
tion. If any such owner or owners shall reside out 
of the state, and shall have an agent or attorney 
residing therein, authorized to convey or contract for 
the sale of his or their interest in said lands who 
shall not consent, or with whom the trustee or trus- 
tees cannot agree as aforesaid, then and in that case 
the service of the copy of petition and of notice Notice may 
aforesaid may be made upon such agent or attorney q® ^gein. 
instead of upon such owner or owners, either person- 
ally or by depositing the same in a post-office as 
aforesaid, directed to such agent or attorney at his 
place of residence, and paying postage as aforesaid, 
the same number of days or months before the said 
specified day for the presentation of the petition, as 
if the service were upon such owner or owners, as 
hereinbefore required. If any such owner shall be 
an infant, under the age of twenty -one years, such 
service shall be made on his general guardian ; if on guar- 
there be no such guardian, on the infant, if over four- *^''*'"' 
teen years of age, and if under that age, on the per- 
son with whom such infant shall reside, in each case 
in the same mode, and the same number of days or 
months before the specified day for the presentation 
of the petition, as if the service were upon an adult 



96 



APPENDIX. 



an idiot. 



Owner may 
appear in 
person or 
by attor- 
ney. 



owner, according to the place of residence of such 
guardian, infant, or person with whom such infant 
If owner be residos, upon whom service is made. If any such 
owner shall be an idiot, or of unsound mind, service 
shall be made upon the committee of his person or 
estate ; or, if there be no such committee, then upon 
the person who shall have the care of such idiot or 
person of unsound mind, in the same mode and the 
same number of days before the presentation of the 
petition, as in other cases. In all other cases service 
of copies of the petition, of notices, appointments of 
guardians or committees, orders or other papers in 
the proceedings under this act, or in connection there- 
with, shall be made as the court in which the pro- 
ceedings are had shall direct. 

§ 2. On presenting such petition to the county 
court aforesaid, on the day specified for its presenta- 
tion as aforesaid, with proof of service of a copy or 
copies thereof and notice, and of other papers as 
hereinbefore required, all persons whose estate or 
interest are to be affected by the proposed proceed- 
ings, relative to the land described in the petition, 
may appear in person or by attorney, or other proper 
representative, before the said court, and show cause 
against granting the prayer of the petitioners. The 
said court shall hear the proofs and allegations of 
the parties, and if no sufficient cause be shown 
against granting the prayer of the petitioners, shall 
make an order appointing three disinterested and 
suitable persons, residing in the same county, neither 
of whom shall be an inhabitant of the school dis- 
trict named in the petition, or interested in any 
taxable property therein, or who shall be within two 
degrees of relationship, by blood or marriage, to any 
owner of such taxable property, or to any owner of 
the land described in such petition, as commissioners 
to appraise the said land, and to award the compen- 
sation to be made to the owner or owners thereof for 
the same, for the purposes specified in said petition ; 
and the said court shall specify and appoint in such 
order the time and place within said school district, 
for the first meetins: of said commissioners, and also 



Courts to 
appoint 
commis- 
sioners by 
an order. 



APPENDIX. 97 

the time and place, when and where said county 
court will receive the report of said commissioners 
of their proceedings and award in the premises, for 
confirmation. 

§ 3. The said commissioners, before entering upon commis- 
their duties, shall be sworn before some officer, must^be 
authorized to administer oaths, that they will fairly sworn, 
and impartially view the land in question, hear the 
proofs and allegations of the parties interested, and 
make ajust and reasonable award of the compensation 
to be paid by the school district for the said land to be 
appropriated for a site or part of a site for a district 
school-house. The said commissioners shall have Powers of 
power to issue subpoenas and administer oaths to sion^l^" 
witnesses, and a majority of them may adjourn the 
proceeding from time to time if necessary. They 
shall also view the land in question, hear the proofs 
and allegations of parties, reduce the testimony 
given, if any, to writing ; and without unnecessary '^^^^^ 
delay, they, or a majority of them, shall appraise sfon"s!" 
the said land and determine and award the compen- 
sation which ought to be made therefor by said 
school district, to the party or parties owning the 
same. They shall make a written report of their 
proceedings and award in the case, signed by them, 
or a majority of them, which shall be accompanied 
by the minutes of the testimony taken by them, and 
shall deliver the same to the county judge of the 
county on or before the day named in the order 
appointing them, for receiving such report for con- 
firmation. The said commissioners shall be entitled ^^^• 
to two dollars per day for their services, which shall 
be a charge upon and be paid by the school dis- 
trict in whose behalf the land in question has been 
appraised by them as aforesaid. 

§ 4. On the day and at the time and place appointed ^^^l 'o°- 
in the order aforesaid for receiving such report, the der on pro- 
county court aforesaid, on being satisfied of the and judge 
regularity and fairness of the previous proceedings, tmsVees a 
shall make an order reciting the proceedings, giving °"py- 
a description of the land appraised, confirming the 
report and directing to whom the compensation 
awarded shall be paid, or where and with whom the 

13 



98 APPENDIX. 

same shall be deposited. A certified copy of the 
last-mentioned order shall, without unnecessary de- 
lay, be delivered by the judge holding said county 
court to the trustee or trustees aforesaid, or to one 
of them, whose duty it shall be forthwith to cause 
the same to be recorded at the expense of the said 
school district, in the office of the county clerk of 
the county in which the land therein described is 
Trastees to situated. The trustee or trustees are hereby author- 
evytax. .^^^ ^^^ directed, on the filing of said order with 
the county clerk as aforesaid, forthwith to. levy a 
district tax for a sum sufficient to pay 'the compen- 
sation named in said award and the expense of re- 
cording said order. 

§ 5. Upon said order being recorded as aforesaid, 
and upon the payment or deposit of the amount of 
compensation awarded for said land, all the right, 
title and interest of the owner and owners aforesaid, 
in and to the said land, shall vest in the school dis- 
trict in whose behalf the proceedings aforesaid were 
instituted ; and the trustee or trustees of such dis- 
trict shall be entitled to enter upon, take possession 
of, occupy and use said land for the purpose set forth 
in their petition aforesaid ; and all land acquired by 
any school district pursuant to the provisions of 
this act, shall be deemed to be taken for public 
use. 
Proceeds § ^" "^^^ proceeds of every such award shall be 
how di- ' divided amongst the parties whose rights and inter- 
^^*^^*^" ests shall have been sold, in proportion to their 
respective rights in the premises ; and the share of 
such of the parties as are of full age shall be paid 
to them or their legal representatives by the com- 
missioners, or shall be brought into court for their 
use. 

§ 7. When any of such known parties are infants, 
the court may, in its discretion, direct the share of 
such infants to be paid over to the general guardian 
on proper security being filed, or to be invested in 
permanent securities at interest, in the name and 
for the benefit of such infants, or be deposited in 
some trust company or savings bank to abide the 
further order of the court. 



APPENDIX. 99 

§ 8. When any of the parties whose interests have when pro- 
been sold are absent from the state, or are not known i'nlested!'^ 
or named in the proceedings, the court shall direct 
the shares of such parties to be invested in perma- 
nent securities at interest or to be deposited in some 
trust company or savings bank to abide the further 
order of the court, for the benefit of such parties, 
until claimed by them or their legal representatives. 

§ 9. When the proceeds of a sale belonging to 
any tenant in dower, or by the courtesy, or for life, 
shall be brought into court as hereinbefore directed, 
the court shall direct the same to be invested in 
permanent securities at interest, so that such inter- 
est shall annually be paid to the parties entitled to 
such estate during their lives respectively, unless 
such parties shall elect to accept a sum in gross in 
lieu thereof. 

§ 10. The court may, in its discretion, require all 
or any of the parties, before they shall receive any 
share of the moneys arising from such sale, to give 
security to the satisfaction of such court to refund 
the said shares with interest thereon, in case it shall 
thereafter appear that such party was not entitled 
thereto. 

§ 11. The amounts of all commissioners' fees, and Expenses a 
of all expenses incurred by or in behalf of any dLtifct.'"^ 
school district, in pursuance of the provisions of 
this act, shall be a charge upon such district, and be 
levied and collected by tax in the same manner as 
other district taxes are levied and collected therein. 

* § 12. This act shall not apply to cities of more than what 
thirty thousand inhabitants; nor shall it be lawful not be™^^ 
under this act to acquire title to less than the whole ^^ken. 
of any city or village lot, with the erections thereon, 
if any, nor to any premises occupied as a homestead 
by the owner or owners thereof, without the consent 
of such owner or owners ; nor, beyond the corporate 
limits of cities, to any garden or orchard, or any part 
thereof, nor to any part of any yard or inclosure 
necessary to the use and enjoyment of buildings, or 
any fixtures or erections for the purposes of trade or 

* As amended by sec. 1, chap. 339, Laws of 1871. 



too APPENDIX 

manufactures, without the consent of the owner or 
owners thereof. 
Boards of * 13. Boards of education in cities of not more 
wISifbe ^^^^ thirty thousand inhabitants are hereby clotlied 
trustees, witli all the powers of trustees under the act hereby 
amended, and the title to any and all lands acquired 
in any city, under the provisions of said act, shall 
vest in the board of education thereof, or such other 
corporate body as is by law vested with the title to 
the school lands in such city. But nothing in the 
act hereby amended contained shall be construed to 
limit or circumscribe the powers and duties hereto- 
fore lodged in such boards of education by law. 

t The act hereby amended shall apply to union, 
free school districts and to districts organized under 
special laws ; and the trustees of sued districts or 
the boards of education organized under special laws, 
shall be and are hereby clothed with all the powers 
vested in trustees under said act. 

t Nothing in this act contained shall prejudice or 
impair any right acquired or proceeding had or insti- 
tuted, under or by virtue of the act hereby amended. 

* As amended by sec. 2, chap. 33?', Lawsof 1871. 

+ These two paragraphs are added by chap. 819, Laws of 1867. 



APPENDIX. 101 



* CHAP. 761. 

AN ACT authorizing the taxation of stockholders of 
Banks, and the surplus funds of Savings Banks. 

Passed April 23, 1866. 

The People of the State of New York, represented 
in Senate and Assembly^ do enact as follows : 

Section" 1. No tax shall hereafter be assessed upon stockhoid- 
the capital of any bank or banking association organ- t^xed on 
ized under the authority of this state, or of the United J^^^lg**^^. 
States, but the stockholders in such banks and bank- place of 
ing associations shall be assessed and taxed on the b^'!^^ °^ 
value of their shares of stock therein ; said shares 
shall be included in the valuation of the personal 
property of such stockholder, in the assessment of 
taxes at the place, town or ward where such bank or 
banking association is located, and not elsewhere, 
whether the said stockholder reside in said place, 
town or ward or not, but not at a greater rate than is 
assessed upon other moneyed capital in the hands Real estate 
of individuals in this state. And in making such be^taxel!" 
assessment there shall also be deducted from the 
value of such shares such sum as is in the same pro- 
portion to such value as is the assessed value of the 
real estate of the bank or banking association, and 
in which any portion of their capital is invested, in 
which said shares are held, to the whole amount of 
the capital stock of said bank or banking association. 
And provided, further, that nothing herein contained 
shall be held or construed to exempt from taxation 
the real estate held or owned by any such bank or 

*NOTE. Section 7 of this act repealed by sec. 56, chap. 371, Laws of 1875. 



102 APPENDIX. 

banking association ; but the same shall be subject 
to state, county, municipal and other taxation to the 
same extent and rate and in the same manner as 
other real estate is taxed. 
Individual § 2. 'EveTj individual banker doing banking busi- 
deciare^ *** ness Under the laws of this state, is hereby required 
c^ttkland ^^ declare upon oath before the assessor the amount 
shares of of Capital iuvested in such banking business, and 
partners, ^^^^i one hundred dollars of such capital for the pur- 
pose of this act, and for the purpose of taxation siiall 
be held and regarded as one individual share in such 
banking business,and such shares are hereby declared 
to be personal property. If such banker have part- 
ners he shall declare upon oath before the assessor 
the number of shares held by each of them in such 
banking business, ascertained as above provided, and 
the shares so held by any partner shall be included 
in the valuation of his taxable property in the assess- 
ment of all taxes levied in the town, school district 
or ward where such individual banker is located, 
and not elsewhere; and such individual banker shall 
pay the same and make the amount so paid a charge 
in the accounts with such partners ; and if such 
individual banker have no partners he shall be held 
to be sole owner of all the shares in such business of 
banking, and the same shall be included in the valu- 
ation of his personal property in the assessment of 
all taxes levied in the town, school district or ward 
where his bank is located, and not elsewhere. 

§ 3. There shall be kept at all times in the office 
where the business of such bank or banking asso- 
ciation, organized under the authority of this state 
or of the United States, shall be transacted, a full 
and correct list of the names and residences of all 
the stockholders therein, and of the number of shares 
held by each ; and such list shall be subject to the 
inspection of the officers authorized to assess taxes 
during the business hours of each day in which 
business may be legally transacted. 

§ 4. Sections ten and eleven of chapter ninety- 
seven of the session laws of eighteen hundred and 
sixty-five are hereby repealed. 



APPENDIX. 103 

§ 5. When tlie owner of stock in any bank or Non-resi- 
banking association, organized under the laws of tinkers, 
this state or of the United States, shall not reside tax how' 
in the same place where the bank or banking asso- *^"®*'*®^- 
elation is located, the collector and county treasurer 
shall, respectively, have the same powers as to col- 
lecting the tax to be assessed by this act, as they 
have by statute, when the person assessed has 
removed from the town, ward or county in which the 
assessment was made ; and the county treasurer, 
receiver of taxes, or other officers authorized to re- 
ceive said tax from the collector, may all or either 
of them have an action to collect the tax from the 
avails of the sale of his shares of stock, and the tax 
on the share or shares of said stock shall be and 
remain a lien thereon till the payment of said tax. 

§ 6. For the purpose of collecting such taxes, and Bank om- 
in addition to any other laws of this state, not in retlintuvi. 
conflict with the constitution of the United States, '^®'^'^- 
relative to the imposition of taxes, it shall be the 
duty of every such bank or banking association, and 
the managing officer or officers thereof, to retain so 
much of any dividend or dividends belonging to 
such stockholders as shall be necessary to pay any 
taxes assessed in pursuance of this act, until it shall 
be made to appear to such officers that such taxes 
have been paid. 



104 



APPENDIX. 



Town as- 
sessors to 
apportion 
railroad as- 
sessments. 



Must be in 
writing 
and filed 
with town 
clerli. 



CHAP. 694. 

AN ACT in relation to the valuation of the prop- 
erty of railroad companies in school districts, for 
the purpose of taxation. 

Passed April 23, 1867 ; three-fifths being present. 

The People of the State of New York, represented 
in Senate and Assembly, do enact as follows : 

Section 1. It shall be the duty of the town assess- 
ors, within fifteen days after the completion of their 
annual assessment list, to apportion the valuation of 
tlie property of each and every railroad company as 
appears on such assessment list among the several 
school districts in their town, in which any portion 
of said property is situated, giving to each of said 
districts their proper portion, according to the pro- 
portion that the value of said property in each of 
such districts bears to the value of the whole thereof 
in said town. 

§ 2. Such apportionment shall be in writing, and 
shall be signed by said assessors, or a majority of 
them, and shall set forth the number of each district 
and the amount of the valuation of the property of 
each railroad company, apportioned to each of said 
districts ; and such apportionment shall be filed 
with the town clerk, by said assessors or one of 
them, within five days after being made ; and the 
amount so apportioned to each district shall be the 
valuation of the property of each of said companies, 
on which all taxes against said companies in and 
for said districts, shall be levied and assessed 
until the next annual assessment and apportion- 
ment. 



APPENDIX. 105 

§ 3. la case the assessors shall neglect to make supervisor 
such apportionment, it shall be the duty of the super- ™oatP''^' 
visor of the town, on the application of the trustees nfg^i^t]^ 
or board of education of any district, or of any rail- 
road company, to malte such apportionment, in the 
same manner and with the like effect as if made by 
said assessors. 

§ 4. The town clerk shall, whenever requested, Town 
furnish to the trustees or board of education of each cSy'^to 
district, a certified statement of the amounts appor- trustees, 
tioned to such district, and the name of the company 
to which the same relates. 

. § 5. In case any alteration shall be made in any 
school district, affecting the property of any railroad 
company, the officer making such alteration shall, 
at the same time, determine what change in the valu- 
ation of the said property in such district would be 
just, on account of the alteration of district, and 
the valuation shall be accordingly changed. 

§ 6. This act shall take effect immediately. 
14 



106 APPENDIX 



CHAP. 054. 

AN ACT to amend chapter five hundred and eighty- 
five of the Laws of eighteen hundred and sixty- 
five, entitled " An act to establish Cornell Univer- 
sity, and to appropriate to it the income of the 
sale of public lands granted to this state by con- 
gress, on the second day of July, eighteen hun- 
dred and sixty-two, also to restrict the operation 
of chapter five hundred and eleven of the Laws of 
eighteen hundred and sixty-three." 

Passed May 13, 1872. 

The People of the State of New York^ represented 
in Senate and Assembly, do enact as follows : 

Section 1. Section nine of chapter five hundred 
and eighty-five of the Laws of eighteen hundred" and 
sixty-five is hereby amended so as to read as follows : 
To be open § 9- The Several departments of study in the said 
cant^^"" university shall be open to applicants for admission 
thereto at the lowest rates of expense consistent with 
its welfare and efficiency, and without distinction as 
To receive to rank, class, previous occupation or locality. But, 
denwrom with a view to equalize its advantages to all pai ts of 
each the state, the institution shall annually receive stu- 
diatrfct.^ deuts, oue from each assembly district in the state, 
to be selected as hereinafter provided, and shall give 
them instruction in any or in all the prescribed 
branches of study in any department of said institu- 
tion, free of any tuition fee or of any incidental 
charges to be paid to said university, unless such 
incidental charges shall have been made to compen- 
sate for damages needlessly or purposely done by 
the students to the property of said university. The 
said free instruction shall, moreover, be accorded to 



APPENDIX. 



107 



said students in consideration of their superior abil- 
ity, and as a reward for superior scholarship in the 
academies and public schools of this state. Said How 
students shall be selected as the legislature may, ^^lected. 
from time to time, direct, and until otherwise ordered, 
as follows : The school commissioner or commission- 
ers of each county, and the board of education of 
each city, or those performing the duties of such a 
board, shall select annually the best scholar from 
each academy and each public school of their re- 
spective counties or cities as candidates for the uni- 
versity scholarship. But in no case shall any per- 
son having already entered the said university be 
admitted as one of such candidates. The candidates candidate^ 
thus selected in each county or city shall meet at am'ined" 
such place and time in the year as the school com- ^e^t**^^ 
missioner or commissioners of the county and the selected, 
said boards of education of the cities, in those coun- 
ties which contain cities, shall appoint ; and the 
school commissioner or commissioners, and the said 
board of education, or such of them as shall attend 
and act, shall proceed to examine said candidates 
and determine which of them are the best scholars ; 
and they shall then select therefrom to the number 
of one for each assembly district in said county or 
city, and furnish the candidate thus selected with 
a certificate of such selection; which certificate shall 
entitle said student to admission to said university, 
subject to the examination and approval of the 
faculty of said university. In making these selec- Preference 
tions, preference shall be given (where other qualifi- toson^iof"^ 
cations are equal) to the sons of those who have died soidiera. 
in the military or naval service of the United States ; 
consideration shall be had also to the physical abil- when one 
ity of the candidate. Whenever any student selected hla^be^en 
as above described shall have been from any cause '■^™o'*^«*i- 
removed from the "university before the expiration of 
the time for which he was selected, then one of the 
competitors to his place in the university from his 
district may be elected to succeed him therein, as 
the school commissioner or commissioners of the 
county of his residence, or the board of education of 
the city of his residence, may direct." 



108 APPENDIX. 



CHAP. 5T7. 

AN ACT to amend an act entitled "An act to amend 
an act entitled ' An act to designate the holidays 
to be observed in the acceptance and payment of 
bills of exchange and promissory notes,' " passed 
April twenty-third, eighteen hundred and sev- 
enty. 

Passed May 22, 1873. 

The People of tlie State of New Torlc, represented 
in Senate and Assembly, do enact as follows : 

Section 1. Section one of an act entitled " An act 
to amend an act entitled ' An act to designate the 
holidaj^s to be observed in the acceptance and pay- 
ment of bills of exchange and promissory notes," 
passed April twenty-third, eighteen hundred and 
seventy, is hereby amended so as to read as fol- 
lows : 
Holidays. § 1, The following days, namely : The first day of 
January, commonly called new year's day, the 
twenty-second day of February, the fourth day of 
July, the twenty-fifth day of December, any general 
election day, any day appointed or recommended 
by the governor of this state , or the president of the 
United States, as a day of thanksgiving, or as a day 
of fasting or prayer, or other religious observance, 
the thirtieth day of May, to be known as decoration 
day, shall, for all purposes whatsoever, as regards 
the presenting for payment or acceptance, and of 
the protesting and giving notice of the dishonor of 
bills of exchange,, bank checks and promissory 
notes, made after the passage of this act, be treated 
and considered as the first day of the week, commonly 
called Sunday, and as public holidays. 



APPENDIX. 109 

§ 2. Whenever any of the holidays mentioned in Davs to bo 
the first section of this act shall fall hereafter upon whenTays 
Sunday, the Monday next following shall be deemed ^^^^^ 
and considered as the first day of the week or Sun- fairon 
day, and a public holiday for all or any of the pur- ^"'^'^^y- 
poses aforesaid ; and all bills of exchange, checks 
and promissory notes which shall, with or without 
grace, become due and payable on Sunday, or on 
any of the days mentioned in the preceding section, 
or on any Monday kept as aforesaid as a public hol- 
iday, shall be deemed to be due and payable on the 
business day next succeeding the day of their ma- 
turity. 

§ 3. All acts or parts of acts inconsistent with this 
act are hereby repealed, but such repeal shall not 
affect any act done, or proceeding or suit instituted 
prior to the passage of this act. 

§ 4. This act shall take effect immediately. 



110 



APPENDIX. 



Children 
to be in- 
structed at 
school or 
at home 
for at least 
14 weeks in 
each year. . 



Employ- 
ment of 
children 
under 14 
years pro- 
hibited. 



CHAP. 421, 

AN ACT to secure to cliildren the benefits of ele- 
mentary education. 

Passed May 11, 1874 ; three-fifths being present. 

The People of the State of New York, represented 
in Senate and Assembly, do enact as follows : 

SECTioisr 1. All parents and tliose who have the 
care of children shall instruct them, or cause them to 
be instructed, in spelling, reading, writing, English 
grammar, geography and arithmetic. And every 
parent, guardian or other person having control and 
charge of any child between the ages of eight and 
fourteen years shall cause such child to attend some 
public or private day school at least fourteen weeks 
in each year, eight weeks at least of which attend- 
ance shall be consecutive, or to be instructed regu- 
larly at home at least fourteen weeks in each year 
in spelling, reading, writing, English grammar, geog- 
raphy and arithmetic, unless the physical or mental 
condition of the child is such as to render such 
attendance or instruction inexpedient or impracti- 
cable. 

*§ 2. No child under the age of fourteen years shall 
be employed by any person to labor in any business 
whatever during the school hours of any school day 
of the school term of the public school in the school 
district or the city where such child is, unless such 
child shall have attended some public or private day 
school where instruction was given by a teacher 
qualified to instruct in spelling, reading, writ- 
ing, geography, English grammar and arithmetic, 

* As amended by sec. 1, chap. 37a, Laws of 1876. 



APPENDIX. Ill 

or shall have been regulary instructed at home in 
said branches by some person qualified to instruct 
in the same, at least fourteen weeks of the fifty-two 
weeks next preceding any and every year in which 
such child shall be emploj^ed, and shall, at the time 
of such employment, deliver to the employer a cer- 
tificate in writing signed by the teacher or a school 
trustee of the district or of a school, and counter- 
signed by such officer as the board of education or 
public instruction, by whatever name it may be 
known in any city, incorporated village or town, 
shall designate, certifying to such attendance or 
instruction ; and any person who shall employ any 
child contrary to the provisions of this section shall, Penalty, 
for each offense, forfeit and pay a penalty of fifty 
dollars to the treasurer or chief fiscal officer of the 
city, or supervisor of the town, in which such offense 
shall occur ; the said sum or penalty, when so paid, 
to be added to the public school money of the school 
district in which the offense occurred. 

*§ 3. It shall be the duty of the trustee or trustees Trustees of 
of every school district, or public school, or union u^ts to'^' 
school, or of officers appointed for that purpose by for^^*d%- 
the board of education or public instruction, by port vioia- 
whatever name it may be known, in every town and act°^*^ 
city, in the month of September and of February of 
each year, and at such other times as may be deemed 
necessary, to examine into the situation of the 
children employed in all manufacturing and other 
establishments in such school district where children 
are employed; and in case any town or city is not 
divided into school districts, it shall, for the pur- 
poses of the examination provided for in this section, 
be divided by the school authorities thereof into 
districts, and the said trustees or other officers as- 
aforesaid notified of their respective districts on or 
before the first day of January of each year ; and 
the said trustee or trustees, or other officers as afore- 
said, shall ascertain whether all the provisions of 
this act are duly observed, and report all violations 
thereof to the treasurer or chief fiscal officer of said 

* As amended by sec. 3, chap. 373, Laws of 1876. 



112 



APPENDIX. 



List of 

children 

employed. 



Children 
tempo- 
rarily dis- 
charged 
from em- 
ployment 
to attend 
school. 



Trustees to 

enforce 

act. 



Penalties 
for viola- 
tions. 



city, or supervisor of said town. On such examina- 
tion the proprietor, superintendent or manager of 
said establishment shall, on demand, exhibit to said 
examining trustee, or other officer as aforesaid, a 
correct list of all children between the ages of eight 
and fourteen years employed in said establishment, 
with the said certificates of attendance on school or 
of instruction. 

§ 4. Every parent, guardian or other person having 
control and charge of any child between the ages of 
eight and fourteen years, who has been temporarily 
discharged from employment in any business, in 
order to be afforded an opportunity to receive instruc- 
tion or schooling, shall send such child to some pub- 
lic or private school, or shall cause such child to be 
regularly instructed as aforesaid at home for the 
period for which such child may have been so dis- 
charged, to the extent of at least fourteen weeks in 
all in each year, unless the physical or mental con- 
dition of the child is such as to render such an at- 
tendance or instruction inexpedient or impracti- 
cable. 

* § 5. The trustee or trustees of any school district 
or public school, or the president of any union 
school, or such officer as the board of education of 
said city, incorporated village or town may desig- 
nate, is hereby authorized and empowered to see 
that sections one, two, three, four and five of this act 
are enforced, and to report in writing all violations 
thereof to the treasurer or chief fiscal officer of his 
city, or to the supervisor of his town ; any person 
who shall violate any provision of sections one, three 
and four of this act shall, on written notice of such 
violation from one of the school officers above named, 
.forfeit, for the first offense, and pay to the treasurer 
or chief fiscal officer of the city, or to the supervisor 
of the town in which he resides, or such offense has 
occurred, the sum of one dollar, and, after such first 
offense, shall, for each succeeding offense in the same 
year, forfeit and pay to the treasurer of said city or 
supervisor of said town, the sum of five dollars for 



* As amended by sec. 3, chap. 3T2, Laws of 1876. 



APPENDIX. 113 

each and every week, not exceeding thirteen weeks 
in any one year, during which he, after written 
notice from said school officer, shall have failed to 
comply with any of said provisions ; the said penal- Their ap- 
ties, when paid, to be added to the public school p"<=^"o°- 
money of said school district in which the offense 
occurred. 

§ 6. In every case arising under this act where the Text- 
parent, guardian or other person having the control poor chii- 
of any child between the said ages of eight and fif- ^ren. 
teen* years, is unable to provide such child for said 
fourteen weeks with the text-book required to be 
furnished to enable such child to attend school for 
said period, and shall so state in writing to the said 
trustee, the said trustee shall provide said text-books 
for said fourteen weeks at the public school for the 
nse of such child, and the expense of the same shall 
be paid by the treasurer of said city or the super- 
visor of said town on the certificate of the said trus- 
tee, specifying the items furnished for the use of 
such child. 

t § 7. In case any person having the control of any Truant 
child, between the ages of eight and fourteen years, cMWren. 
is unable to induce said child to attend school for 
the said fourteen weeks in each year, and shall so 
state in writing to said trustee, or said other officers 
appointed by the board of education or public in- 
struction by whatever name it may be known, the 
said child shall, from and after the date and deliv- 
ery to said trustee, or other officer as aforesaid, of 
said statement in writing, be deemed and dealt with 
as an habitual truant, and said person shall be re- 
lieved of all penalties incurred for said year after 
said date, under sections one, four and five of this 
act, as to such child. 

:{:§ 8. The board of education or public instruction, Rules con- 
by whatever name it may be called, in such city and truantf. 
incorporated village, and the trustees of the school 
districts and union school in each town, by an 

♦ So in the original. 

tAs amended by sec. 4, chap. 372, Laws of 1876. 

% As amended by sec. 5, chap. 372, Laws of 1876. 

15 



114 



APPENDIX. 



Approval 
of by a 
justice of 
supreme 
court. 



Copy on 
school- 
house. 



Amend- 
ments. 



affirmative vote of a majority of said trustees, at a 
meeting or meetings to be called for this purpose, 
on ten days' notice in writing to each trustee, said 
notice to be given by the town clerk, are for each 
of their respective cities and towns hereby authorized 
and empowered and directed, on or before the lirst 
day of January, eighteen hundred and seventy-seven, 
to make all needful provisions, arrangements, rules, 
and regulations, concerning habitual truants and 
children between said ages of eight and fourteen 
years of age, who may be found wandering about 
the streets or public places of such city or town 
during the school hours of the school day of the 
term of the public school of said city or town, having 
no lawful occupation or business, and growing up 
in ignorance ; and said provisions, arrangements, 
rules, and regulations shall be such as shall, in their 
judgment, be most conducive to the welfare of such 
children, and to the good order of such city or town ; 
and shall provide suitable places for the discipline 
and instruction and confinement, when necessary, of 
such children, and may require the aid of the police 
of cities, or incorporated villages, and constables of 
towns, to enforce their said rules and regulations, 
provided, however, that such provisions, arrange- 
ments, rules and regulations shall not go into eflect, 
as laws for said several cities and towns, until they 
shall have been approved, in writing, by a justice of 
the supreme court for the judicial district in which 
said city, incorporated village or town is situated ; 
and, when so approved, he shall file the same with 
the clerk of the said city, incorporated village or 
town, who shall print the same, and furnish ten 
copies thereof to each trustee of each school district, 
or public or union school of said city, incorporated 
village or town. The said trustee shall keep one 
copy thereof posted in a conspicuous place in or 
upon each school-house in his charge during the 
school terms each year. In like manner the same in 
each city, incorporated village or town may be 
amended or revised, within six months after the 
passage of this act, and thereafter annually as the 
trustee or trustees of any school district or public 



APPENDIX. 115 

school, or the president of any union school, or 
the board of education or public instruction, or 
by whatever name it may be known, in any city, 
incorporated village or town, may determine. 

§ 9. Justices of the peace, civil justices and police Justices to 
justices shall have jurisdiction, within their respect- dfJtton"^' 
ive towns and cities, of all offenses and of all actions 
for penalties or fines described in this act, or that 
may be described in said provisions, arrangements, 
rules and regulations authorized by section eight of 
this act. All actions for fines and penalties under Actions 
this act shall be brought in the name of the treasurer etc.*°^^' 
or chief fiscal officer of the city or supervisor of the 
town to whom the same is payable, but shall be 
brought by and under the direction of the said trus- 
tee or trustees, or said officer designated by the 
board of education. 

§ 10. Two weeks attendance at a half-time or eve- Evening 
ning school shall, for all purposes of this act, be ^^^°°'^- 
counted as one week at a day school. 

§ 11. This act shall take effect on the first day of when act 
January, eighteen hundred and seventy-five. l&llt^ 



POWER OF TJlS'lOlSr FREE SCHOOL DISTRICTS TO SELL 
OR EXCHANGE REAL ESTATE ; ALSO CONCERNING 
REDUCTION OF NUMBER OF MEMBERS OF BOARDS 
OF EDUCATION. 

The following powers were conferred upon boards 
of supervisors by subdivision 28, section 1, chap. 
482, Laws of 1875. 

" To authorize boards of trustees or of education in 
any union free school district established in con- 
formity to the general or to any special law of this 
state on the application of a majority of the taxable 
inhabitants of the district, voting on the question at 
a duly called meeting, to sell or exchange real estate 
belonging to the district, for the purpose of improv- 
ing or changing school-house sites, and to increase 
or diminish the number of members of such boards." 



116 



APPENDIX. 



Teaching 
in city 
schools of 
children 
belonging 
to an 
adjoining 
school dis- 
trict pro- 
Tided for. 



City board 
of educa- 
tion to re- 
port num- 
ber of pu- 
pils, etc. 



CHAP. 219 

AN ACT for the relief of school districts wishing to 
contract with boards of education of cities, to edu- 
cate their children in city schools. 

Passed May 3, 1877. 

Tlie People of tlie State of New York, represented 
in Senate and Assembly^ do enact as follows : 

Section 1. Whenever any school district adjoin- 
ing a city, by a vote of a majority of the qualified 
voters of such district, shall empower the trustees 
thereof, the said trustees shall enter into a written 
contract with the board of education of such city, 
whereby all the children of such district may be en- 
titled to be taught in the public scliools of such city, 
for a period of not less than twenty-eight weeks in 
any school year, upon filing a copy of such contract 
duly certified by the trustees of such school district 
and by the secretary of the board of education of 
said city, in the office of the superintendent of public 
instruction, such school district shall be deemed to 
have employed a competent teacher for such period, 
and shall be entitled to receive one distribution 
district quota each year during which such contract 
shall be renewed and continued. 

§ 2. The board of education of any city so con- 
tracting with any school district shall report the 
number of persons of school age in such district, 
together with those resident in the city, the same as 
though they were actual residents of the city, and 
shall report for the pupils attending the city schools 
from such district to the superintendent of public 
instruction the same as though they were residents 
of such city. 



APPENDIX. 117 

§ 3. It shall be the duty of the superintendent of Duties of 
public instruction to give to school commissioners ffienTof 
such directions as may, in his judgment, be required PtructiJa" 
and proper, in relation to the reports to be made by ^ ^"° *°^' 
the trustees of such districts to school commission- 
ers. 

§ 4. This act shall take effect immediately. 



UB 



APPENDIX. 



CHAP. 413. 

AN ACT to prevent frequent changes of text-books 
in schools. 



Text- 
books, des- 
ignation 
and use of. 



When 
adopted 
not to be 
super- 
seded by 
others in 
five years, 
etc. 



Penalty for 
violation 
of act. 



Passed June 5, 1877 ; tliree-fifths being present. 

The People of the State of New York^ represented 
in Senate and Assembly, do enact asfoUoios : 

Section 1. The boards of education or such bodies 
as perform the functions of sucli boards in the sev- 
eral cities and villages of this state, shall have power, 
and it shall be their duty to adopt and designate 
text-books to be used in the schools under their 
charge in their respective districts. In the other 
school districts in the state the text-books to be 
used in the schools therein shall be designated at 
the first annual school meeting held after the passage 
of this act, by a two-thirds vote of all the legal 
voters present and voting at such school meeting. 

§ 2. When a text-book shall have been adopted 
for use in any of the public or common schools 
in this state, as provided in the first section of this 
act, it shall not be lawful to supersede the text-book 
so adopted by any other book within a period of 
five years from the time of such adoption, except 
upon a three-fourths vote of the board of education, 
or of such body as perform the functions of such, 
board, where such board has made the designation, 
or upon a three-fourths vote of the legal voters pres- 
ent and voting at the annual school meeting in any 
other school district. 

§ 3. Any person or persons violating any of the 
provisions of this act shall be liable to a penalty of 
not less than fifty dollars nor more than one hun- 



APPENDIX. 119 

dred dollars for every such violation, to be sued for by , 
any tax payer of the school district, and recovered 
before any justice of the peace, said fine, when col- 
lected, to be paid to the collector or treasurer for 
the benefit of said school district. 
§ 4. This act shall take effect immediately. 



120 APPENDIX. 



CHAP. 248. 

AN ACT in relation to the election of officers in cer- 
tain school districts. 

Passed May 13, 1878 ; three-fiftlis being present. 

The People of the State of New York, represented 
in Senate and Assembly, do enact as follows : 

Section 1. In all school districts in this state in 
which the number of children of school age exceeds 
three hundred, as shown by the last annual report 
of the trustees to the school commissioner, all dis- 
trict officers, except the treasurer and collector of 
union free school districts, shall be elected by bal- 
lot. 

§ 2. Such election shall be held on the second 
Wednesday of October in each year, between the 
hours often o'clock in the forenoon and two o' clock in 
the afternoon at the principal school-house in the dis- 
trict or at such other suitable place as the trustees may 
designate. When the place of holding such election 
is other than at the principal school -house, the trus- 
tees shall give notice thereof, by publication of such 
notice at least one week before the time of holding 
such election-, in some newspaper published in the 
district, or by posting the same in three conspicuous 
places in the district. 

§ 3. The trustees or board of education, or such of 
them as may be present, shall act as inspectors of 
election, and immediately after the close of the polls 
shall proceed to canvass the votes and declare the 
result. If any such district shall have but one trus- 
tee, the district clerk shall be associated with him 
as inspector. If a majority of the trustees shall not 
be present at the time for opening the polls, those 



APPENDIX. 121 

in attendance may appoint any of the legal voters of 
the district present, to act as inspectors in place of 
the absent trustees. If none of the trustees shall be 
present at the time for opening the polls, the legal 
voters may choose three of their number to act as 
inspectors. 

§ 4. The trustees shall, at the expense of the dis- 
trict, provide a suitable box in which the ballots 
shall be deposited as they are received. Such bal- 
lots shall contain the names of the persons voted 
for, and shall designate the office for which each one 
is voted. The ballots may be either written or 
printed, or partly written and partly printed. 

§ 5. The district clerk, or Clerk of the board of edu- 
cation, as the case may be, shall attend the election 
and record in a book, to be provided for that purpose, 
the name of each elector as he deposits his ballot. 
When the polls shall have been closed the inspect- 
ors shall first count the ballots to see if they tally 
with the number of names recorded by the clerk. 
If they exceed that number enough ballots shall be 
withdrawn to make them correspond. Any clerk 
who shall neglect or refuse to record the name of 
a person whose ballot is received by the inspectors, 
shall be liable to a fine of twenty-five dollars to be 
sued for by the supervisor of the town. If the dis- 
trict clerk or clerk of the board of education shall 
be absent, or shall be unable or shall refuse to act, 
the trustees, inspectors of election, or board of edu- 
cation shall appoint some person to act in his 
place. 

§ 6. If any person offering to vote at any such 
election shall be challenged as unqualified by any 
legal voter, the chairman of the inspectors shall re- 
quire the person so offering the vote to make the 
following declaration : " I do declare and affirm that 
I am an actual resident of this school district, and 
that I am legally qualified to vote at this election." 
And every person making such declaration shall be 
permitted to vote ; but if any person shall refuse to 
make such declaration, his ballot shall not be re- 
ceived by the inspectors. Any person who upon 
being so challenged shall willfully make a false dec- 
16 



122 APPENDIX. 

laration of Ms riglit to vote at sucli election, shall 
be deemed guilty of a misdemeanor and punished 
by imprisonment in the county jail for not less 
than six months nor more than one year. Any per- 
son who shall vote at such election, not being duly 
qualified, shall, though not challenged, forfeit the 
sum of ten dollars, to be sued for by the supervisor 
of the town for the benefit of the school or schools 
of the district. 

§ 7. All disputes concerning the validity of any 
such election, or of any votes cast thereat, or of any 
of the acts of the inspectors or clerk, shall be re- 
ferred to the superintendent of public instruction, 
whose decision in the matter shall be final. Such 
superintendent may, in his discretion, order a new 
election in any district. 

§ 8. The persons having the highest number of 
votes, respectively, for the several offices shall be 
declared elected, and the clerk shall record the dec- 
laration of the inspecto7^s. In case two persons 
shall have an equal number of votes for the same 
office, the inspectors of election shall immediately 
choose one of such persons. If the inspectors can- 
not agree, the clerk shall decide the matter. 

§ 9. The annual meeting in the several districts 
shall be held as now provided by law for the pur- 
pose of transacting all business except the election of 
ofiicers. 

§ 10. This act shall not apply to cities, or to dis- 
tricts organized under special acts of the legislature. 



APPENDIX. 



FORMS. 



FORM of Warrant for the CoUedion afa District Thai. 

To the Collector of School District number , in the town of , 

county of : 

You are hereby commanded to receive from each of the taxable inhabitants 
and corporations named in the foregoing hst, and of the owners of the real 
estate described therein, the several sums mentioned in the last column of the 
said list, opposite to the persons and corporations so named, and to the several 
tracts of land so described, or so much thereof as may be voluntarily paid to 
you for two successive weeks after the delivery to you of this warrant, together 
with one cent on each dollar thereof for your fees ; and after the expiration of 
tiie time above mentioned, to proceed forthwith to collect the residue of the 
sums not so paid in as aforesaid, with five cents on each dollar thereof for 
your fees ; and in case any person upon whom such tax is imposed shall neg- 
lect or refuse to pay the same, you are to levy the same by distress and sale 
of the goods and chattels of the person or corporation so taxed, in the 
same manner as on warrants issued by the board of supervisors to the col- 
lectors of taxes in towns ; and you are to make a return of this warrant 
within thirty days after the delivery thereof to you ; and if any tax on the 
real estate of a non-resident mentioned in the said Hst shall be unpaid at the 
time when you are required to return this warrant, you are to deliver to the 
trustees of the said district an account thereof, according to law. All moneys 
received or collected by you by virtue of this warrant, you are to keep 
safely, and to pay out the same on the written order of a majority of the 
trustees. 

Given under our hands this day of , in the year one thousand 

eight hundred and seventy- 



A. B, 1 
C.-D.,[ 
E. F. ) 



2i-ustees. 



Note. — Collectors are now required by law to execute a bond before receiving th« 
first warrant for collection of a tax. (See section 83, title 7.) 



FORM of Bond to he given hy District Collector for the faithful Performance of 

his official duties. 

Know all men by these presents, that we, A. B., C. D. and E. S. (the col- 
lector and his sureties),- are held and firmly bound to E. F., G-. H. and L. M., 
trustees of school district number , in the town of , county of , 

in the sum of (here insert the amount of bail fixed by the district meeting or 
by the trustees), to be paid to the said E. F., Gr. H. and L. M., trustees as 
aforesaid, or to the survivor or survivors of them, or their successors ; to which 



124 APPENDIX. 

payment, well and truly to be made, we bind ourselves, our heirs, executors, 
and administrators, firmly by these presents. Sealed with our seals and dated 
this day of , 187 . 

Whereas, the above bounden A. B. has been chosen (or appointed) collec- 
tor of the above-mentioned school district number , in the town of , 
in conformity to the statutes relating to common schools ; now, therefore, the 
condition of this obligation is such that if the said A. B. shall well and truly 
collect and properly account for all moneys received by him as such collector, 
and shall, in all respects, duly and faithfully execute all the duties of his office 
as collector of such district, then this obligation shall be void, otherwise to be 
in full force and effect. 

A. B., [l. s.] 
C. D., [l. s.] 
E. S. [l. 8.] 
Signed, sealed and delivered ) 
in the presence of ) 



APPENDIX. 125 



CIRCULAR TO TRUSTEES. 



The following circular to assessors, issued from the comptroller's oiRce, ia 
here presented to trustees of school districts, as it answers many questions 
that come before them in the discharge of their duties : 

All property not specially exempt should be assessed at its true and full 
value. 

Bank stock should be assessed to the individual stockholders in the town or 
ward where the bank is situated, at its true value, including any surplus ; and 
in no case should it be assessed below par, without proper evidence that its 
value is reduced below par by losses actually charged over on the books. No 
deduction should be allowed the shareholders on account of debts, nor should 
any deduction be allowed for the proportionate interest of a shareholder in 
the stock or bonds of the United States, held by the bank. The only deduc- 
tion provided for is a proportionate part of the real estate of the bank, which 
is assessed against the corporation. Individual bankers should be assessed in 
the same way as shareholders in incorporated banks. 

Persons engaged in banking or brokerage, not organized under the Banking 
Laws of the State, and who issue no circulation, should be assessed the same 
as other individuals, and are entitled to the like deduction from the assess- 
ment for debts and investment in United States stocks. 

The franchises and privileges granted by the legislature to Savings Banks, 
or Institutions for Savings, are declared to be personal property, and liable to 
taxation as such in the town or ward where located, to an amount not exceed- 
ing the gross sum of their surplus, earned and in possession of the bank. 
These institutions should therefore be assessed for the amount of their surplus 
funds, after deducting such amount thereof as may be invested in the stocks 
of the United States. 

Telegraph poles and wires must be regarded as personal property, and as 
such, are assessable at the home office of the company. 

Taxation of Lands. 

All lands in any town or ward, occupied by the owner, must be assessed to 
such owner. 

Lands occupied by a person other than the owner may be assessed to the 
owner or occupant, or as " land of non-residents." 

AVhen the line between two wards, towns or counties divides a farm or lot 
the same must be taxed, if occupied, in the town or ward where the occupant 
resides ; but if unoccupied, each part must be assessed in the town or ward 
where the same lies. 



126 APPENDIX. 

Lands wholly unoccupied, owned by a person residing witliin the town or 
ward where the same are situated, must be assessed to such owner. 

Unoccupied lands, not owned by a person residing in the town or ward 
where the same are situated, must be assessed in a part of the assessment roll 
separate from the other assessments, under the heading, " lands of non-resi- 
dents." If such lands be a part of a tract or patent which is subdivided into 
•lots, each lot must be designated by its number alone, toithout the name of the 
owner^ beginning with the lowest number and proceeding in numerical order 
to the highest. Where parts of lots are separately assessed, each part must 
be definitely located, either by a survey, or complete boundaries thereof. 
Where such lands are not in any tract or patent, or numbered lot, such fact 
must be stated on the, assessment roll, and each parcel thereof be fully 
described, the same as parts of numbered lots. Each lot or subdivision must 
be separately assessed, unless one property, not divisible (in which case the 
fact should be stated), and the quantity of land in each lot, subdivision or 
parcel, must, in all cases, be entered on the assessment roll. 

The Following is the Law Relating to Exemptions from Taxation. 

1. All property, real or personal, exempted from taxation by the Constitu- 
tion of this State, or under the Constitution of the United States. 

2. All lands belonging to this State or the United States. 

3. Every building erected for the use of a college, incorporated academy or 
other seminary of learning; every building for public worship ; every school- 
house, court-house and jail, and the several lots whereon such buildings are 
situated, and the furniture belonging to each of them. 

4. Every poor-house, alms-house, house of industry, and every house be- 
longing to a company incorporated for the reformation of offendei'S, or to 
improve the moral condition of seamen, and the real and personal property 
used for such purposes belonging to or connected with the same. 

5. The real and personal property of every public library. 

6. All stocks owned by the State, or by literary or charitable institutions. 

7. The personal estate of every incorporated company not made liable to 
taxation on its capital under Chap. 13, title 4, first part Revised Statutes. 

8. The personal property of every minister of the gospel, or priest, of any 
denomination ; and the real estate of such minister or priest, when occupied 
by him, provided such real and personal estate do not exceed in value one 
thousand five hundred dollars. And lands owned and permanently occupied 
by agricultural societies. 

9. All property exempted by law from execution. 

If the real and personal estate, or either of them, of any minister or priest 
exceed the value of one thousand five hundred dollars, that sum shall be de- 
ducted from the valuation of his property, and the residue shall be liable to 
taxation. 

Lands sold by the State, though not granted or conveyed, shall be assessed 
in the same manner as if actually conveyed. 

The owner or holder of stock in any incorporated company, liable to taxa- 
tion on its capital, shall not be taxed as an individual for such stock. 



INDEX. 



Page. 
Actions against School Officers 88 

Annulment of Teacher's Certificate : 

By state superintendent 8 

By scliool commissioners » . . . . 14 

Appeals to State Superintendent 85 

Appendix 93-126 

Apportionment op School Moneys-. 

By state superintendent , 15-20 

Supplemental , 19, 20 

Deficiencies in, how made up 20 

By scliool commissioners 24-28 

Certificate of 26 

Erroneous, how rectified 26 

Blind, institution for the 5, 6 

Bond, form of 123, 134 

Boundaries op School Districts c 11 

Clerk of School District : 

Must notify persons elected to district oflSLCes 47 

General duties of ... 47-49 

Clerks in Superintendent's Office 4 

Collector : 

District meeting may fis bail of 40 

Vacates office by not giving bonds 46 

To return uncollected non-resident tax 61 

To execute bond 63 

May receive voluntary payments for two weeks 64 

Fees of 64 



, 128 INDEX. 

CoLLECTOK — Continued. Page. 

To have custody of certain district moneys 65 

Shall report at annual meeting 65 

Shall make up for district money lost through his neglect 65 

Form of collector's bond 133 

COLOEED Schools ., 83 

Compulsory Education, act in relation to 110-115 

Contingent Fund i7 

Cornell Uniyersity, act in relation to 106 

Deaf and Dtimb, Institution for the 5 

Deputy State Superintendent, appointment of. 4 

Districts ■ 

What are entitled to public moneys 36 

Joint, must bear same No. in each commissioner district 33 

Formation, alteration and dissolution of 32-36 

Special meetings in 37 

Annu&l meetings in » 38 

Officers of, qualifications and terms of office 44 

may resign , 47 

May unite libraries 68 

Powers of inhabitants at district meetings. (See Meetings.) 

Expenses of, how paid 88, 89, 90 

Actions against 89, 90^ 91 

Act for the relief of 116 

Fines and Penalties . 

How paid and apportioned 23 

Where supervisor refuses to give bonds , 28 

embezzles school moneys 28 

neglects to make certain returns Z% 

Duty of supervisor to sue for 30 

For refusal to give notice of district meeting 37 

illegal voting » 39 

refusal to serve in district office 47 

Where trustee employs unqualified teacher 49 

fails to render annual account of moneys. 55 

For making false report 57 

neglect of library by trustees 67 

loss of school moneys, through neglect 87 

neglect to prosecute as required by law 87 

disturbing school meeting 87, 88 

Gospel and School Lots 23 



INDEX. 129 



Page. 

Holidays, act iu relation to 108 

Indian Schools : 

Equitable sum to be set apart for 17 

Appropriation for 91 

Joint District : 

Must bear same number in each commissioner's district 83 

Formation of 34 

Dissolution of 34 

Librarian, duties of 48 

LiBRAJRIES : 

Apportionment of moneys for , 17, 24, 25 

Trustee may insure 51 

When library money amounts to less than $3 it may be applied 

to payment of teachers' wages 52, 67 

Tax and state moneys for 66 

Trustees to have custody of 67 

liable for books lost or injured 67 

Of two districts may be united G8 

Rules respecting 69 

Penalty for neglect of, by trustees 70 

License to Teach: 

Examination for 13 

Annulment of , , „ 7, 14 

Meetings, School District : 

Notice of, in new district 36 

When commissioner may call. ,. , , . . 36 

Special, how called , 37 

Annual, when to be held, and manner of proceeding when not 

held , 38 

Duty of inhabitants to attend 38 

Qualification of voters at „ 39 

Challenge of voters at , 39 

Illegal voting at 39 

Powers of inhabitants at . , , 36-43 

Miscellaneous Provisions 87-92 

Neighborhoods : 

Apportionment to 26 

Formation and dissolution of 36 

17 



ISOr INDEX. 

Neighborhoods — Cotitinued. Page 

Annual meetings in 37 

Powers of meetings in . 40 

Clerk of , 47 

To report to commissioners 57 

Penalties. (See Fines and Penalties.) 

Public Money, trustees to divide when authorized 52 

Pupils : 

Age of those entitled to attend common schools 48 

Indian and non-resident 49 

Rate Bills, abolition of 93 

Eemoval of School Oppiceks : 

By superintendent 8 

Of officers of union free school districts 78 

Eepairs : 

May be ordered by commissioners 12 

What may be made by trustee without vote of inhabitants 53 

Reports : 

By state superintendent 7 

By school commissioners 14 

By trustees, to district meeting 54 

By trustees, to school commissioner 55 

False, penalty for 57 

By collector 65 

By board of education of union free school districts 81 

Savings Bank Bill 101-103 

School Commissioners : 

General powers and duties 8-14 

To apportion state school moneys , 24-28 

To certify to state superintendent and to supervisors 26 

Duties in regard to the formation, alteration and dissolution of 

school districts = 32-36 

To appoint time for holding first meeting in new district 36 

When authorized to call special district meetings 36 

Cannot be trustees of school districts 44 

School Districts : 

Act for the relief of 116 

Act in relation to the election of officers in 130 



INDEX. 131 



School-Houses and Sites: Page. 

General provisions regarding 42 

Sale of 43 

Trustees may insure when authorized 51 

May be used for certain purposes 53 

School-house site bill 93-100 

School Meetings, penalty for disturbing 87 

School Oppicers : 

Penalty for neglect of duty 87 

Actions against 88 

Schools, Common : 

Free to all persons between the ages of five and twenty-one years 48 

Colored 82 

State tax for support of 15 

School Tear, what constitutes 18 

State Certipicates. 7 

State School Moneys : 

What shall constitute 16, 17 

Apportionment of, by state superintendent 15-20 

When payable 20 

Apportionment of, by school commissioners 24-28 

Disbursement of, by supervisors , ■ 28 

Trustees to draw on supervisors for 52 

Library moneys 66 

Penalties for their loss 87 

State Superintendent : 

Election and general powers of 3-8 

Shall prescribe rules for libraries 69 

Powers and duties in relation to appeals 85 

Supervisors : 

Powers and duties in relation to state school moneys 28-30 

Must sue for all penalties, when the duty is not otherwise im- 
posed 30 

Duties in relation to property of dissolved school districts 34 

■ Cannot be trustees 44 

May accept resignation of district officers 47 

May appoint trustees in certain cases 46 



132 INDEX. 

Tax . Page. 

For support of common scliools 15 

For fuel, appendages, repairs, libraries, deficiencies, contingencies, 

school-lLOuse and site, and to replace moneys lost or embezzled. 40, 41 

Any legal sum may be raised by 53 

How assessed and made out 58-66 

In joint districts 59 

When tenants are liable for , 60 

Whiat persons exempt from tax to build school-house 60 

On non-resident lands 60 

On property of railroad companies in school districts 104 

On shares of stockholders of and the surplus funds of savings 

banks 101 

Payment of, may be made before levy 62 

Collection of 63-65 

For libraries. 66 

Local city, cannot be increased. 92 

Tax List, trustee to make out ; 51 

Teachers : 

Who are qualified 49 

Unqualified, cannot receive public money 49 

Shall keep list of attendance. 49 

Must be employed by trustee 51 

Must verify record 54 

May be required to assist in examination of library 69 

Teachers' Institutes 83-85 

Tenant, when liable for tax , 60 

Text-Books, act in relation to 118 

Town Clerk, duties of 31, 32 

Treasurer : 

County, shall pay to collector a sum equal to taxes returned as 

unpaid 62 

Of union free school districts to have custody of moneys 80 

Trustees : 

Who may not hold the oifice 44 

District to elect one or three 45 

Vacancies in office of, how filled 46 

Vacate office, how 46 

May fill vacancies in certain district offices 46 

May admit non-resident pupils 48 



INDEX. 133 

Trustees — Continued. Page. 

Prohibited from employing unqualified teacliers 51 

General powers and duties of 50-57, 87 

To have custody of library 67 

Liability for books lost or injured 67 

Circular to 125, 126 

Trusts for Benefit of Common Schools 21 

Union Free School Districts : 

Formation of „ 70-72 

Qualification of voters of 71 

Election of trustees 73 

Treasurer and collector of 74 

Corporate authorities to levy tax for 75 

Powers of meetings in 76 

No rate bills in 76 

Board of education, powers of .76-79, 115 

Manner of levying taxes in 79 

Treasurers to have custody of moneys 80 

Payment and disbursement of moneys in 80 

Academical department 81 

Eeports from 81, 82 

Eemoval of ofiicers of 82 

Powers of, to sell or exchange real estate .... 115 

Valuation op Property -. 

How ascertained : 58 

Reduction m. 59 

Voters : 

Qualifications of 89 

Challenge of 39 

Illegal voting, penalty for 39 

Warrant , 

For collection of tax 63 

May be executed where 64 

May be renewed. . . 64 

Form of 123 



c 



LIBRARY OF CONGRESS 



020 312 166 # 



